ITO Section 182 | Offences and penalties

ITO Section 182

 

Offences and penalties.—

 (1) Any person who commits any offence specified in column (2) of the Table below shall, in addition to and not in derogation of any punishment to which he may be liable under this Ordinance or any other law, be liable to the penalty mentioned against that offence in column (3) thereof:—

 

Penalties Table for Offences under the Income Tax Ordinance, 2001 Section182

S. No. Offence Penalty Section of the Ordinance to which offence has reference
1 Where any person fails to furnish a return of income as required under section 114 within the due date. Such person shall pay a penalty equal to higher of –(a) 0.1% of the tax payable in respect of that tax year for each day of default; or(b) rupees one thousand for each day of default:Provided that minimum penalty shall be —(i) rupees ten thousand in case of individual having seventy-five percent or more income from salary; or(ii) rupees fifty thousand in all other cases:Provided further that maximum penalty shall not exceed two hundred percent of tax payable by the person in a tax year:Provided also that the amount of penalty shall be reduced by 75%, 50% and 25% if the return is filed within one, two and three months respectively after the due date or extended due date of filing of return as prescribed under the law;Explanation.— For the purposes of this entry, it is declared that the expression "tax payable" means tax chargeable on the taxable income on the basis of assessment made or treated to have been made under section 120, 121, 122 or 122D; 114 and 118
1A

Where any person fails to furnish a statement as required under section 165, 165A, 165B or 165C within the due date.

 

Such person shall pay a penalty of Rs. 50,000 if the person had already paid the tax collected or withheld by him within the due date for payment and the statement is filed within ninety days from the due date for filing the statement and, in all other cases, a penalty of Rs. 2,500 for each day of default from the due date subject to a minimum penalty of Rs. 10,000:Provided that where it stands established that no tax was required to be deducted or collected during the relevant period, minimum amount of penalty shall be ten thousand Rupees.

165, 165A, 165B and 165C
1AA

 

Where any person fails to furnish wealth statement or wealth reconciliation statement.

Such person shall pay a penalty of 0.1% of the taxable income per week or Rs. 100,000 whichever is higher. 114 and 116
IAAA

 

Where any person fails to furnish a foreign assets and income statement within the due date.

Such person shall pay a penalty of 2 percent of the foreign income or value of the foreign assets for each year of default. 116A
1B

 

Where any person fails to furnish a return of income as required under sub-section (3) of section 117 within the time specified in the notice.

Such person shall pay a penalty equal to higher of –(a) 0.1% of the tax payable in respect of that tax year for each day of default; or(b) Rs. 1,000 per day of default:Provided that minimum penalty shall be Rs. 10,000 in case of an individual and Rs. 50,000 in all other cases. 117(3)
2

 

Any person who fails to issue cash memo or invoice or receipt when required under this Ordinance or the rules made thereunder.

Such person shall pay a penalty of five thousand rupees or three per cent of the amount of the tax involved, whichever is higher. 174 and Chapter VII of the Income Tax Rules
3

 

Any person who is required to apply for registration under this Ordinance but fails to make an application for registration.

Such person shall pay a penalty of ten thousand rupees. 181
3A

 

 

Where any person being a trader or a shopkeeper who is required to apply for registration under this Ordinance but fails to register or fails to pay advance tax as specified in a scheme of special procedure prescribed under section 99B.

The shop of such person shall be sealed for seven days for first default and for twenty one days for each subsequent default. 99B
4

 

Any person who fails to notify the changes of material nature in the particulars of registration.

Such person shall pay a penalty of five thousand rupees. 181

 

4B

 

Any person who contravenes the provisions of section 181AA.

 

Such a person shall pay a penalty at the rate of Rs. 100,000 for each connection provided to an unregistered person.

181AA

 

S. No. Offence Penalty Section of the Ordinance to which offence has reference
5 Any person who fails to deposit the amount of tax due or any part thereof in the time or manner laid down under this Ordinance or rules made thereunder.Provided that if the person opts to pay the tax due on the basis of an order under section 129 on or before the due date given in the notice under sub-section (2) of section 137 issued in consequence of the said order, and does not file an appeal under section 131 the penalty payable shall be reduced by 50%. Such person shall pay a penalty of five per cent of the amount of the tax in default.For the second default an additional penalty of 25% of the amount of tax in default.For the third and subsequent defaults an additional penalty of 50% of the amount of tax in default. 137
6 Any person who repeats erroneous calculation in the return for more than one year whereby amount of tax paid is less than the actual tax payable under this Ordinance.

 

 

Such person shall pay a penalty of thirty thousand rupees or three per cent of the amount of the tax involved, whichever is higher:Provided that no penalty shall be imposed to the extent of the tax shortfall occurring as a result of the taxpayer taking a reasonably arguable position on the application of this Ordinance to the taxpayer’s position.

137
7

 

Any person who fails to maintain records required under this Ordinance or the rules made thereunder.

 

Such person shall pay a penalty of ten thousand rupees or five per cent of the amount of tax on income, whichever is higher.

174, 108
8

 

Where a taxpayer who, without any reasonable cause, is in non-compliance with provisions of section 177—(a) fails to produce the record or documents on receipt of first notice.(b) fails to produce the record or documents on receipt of second notice.(c) fails to produce the record or documents on receipt of third notice.

 

(a) Such person shall pay a penalty of twenty-five thousand rupees;(b) Such person shall pay a penalty of fifty thousand rupees;(c) Such person shall pay a penalty of one hundred thousand rupees.

177
9

 

Any person who fails to furnish the information required or to comply with any other term of the notice served under section 176 or 108.

 

Such person shall pay a penalty of twenty-five thousand rupees for the first default and fifty thousand rupees for each subsequent default.

176
10

 

Any person who—(a) makes a false or misleading statement to an Inland Revenue Authority either in writing or orally or electronically including a statement in an application, certificate, declaration, notification, return, objection or other document including books of accounts made, prepared, given, filed or furnished under this Ordinance;(b) furnishes or files a false or misleading information or document or statement to an Income Tax Authority either in writing or orally or electronically;(c) omits from a statement made or information furnished to an Income Tax Authority any matter or thing without which the statement or the information is false or misleading in a material particular.

Such person shall pay a penalty of twenty five thousand rupees or 50% of the amount of tax shortfall, whichever is higher:Provided that in case of an assessment order deemed under section 120, no penalty shall be imposed to the extent of the tax shortfall occurring as a result of the taxpayer taking a reasonably arguable position on the application of this Ordinance to the taxpayer’s position. 114, 116, 174, 176, 177, 118

 

S. No. Offence Penalty Section of the Ordinance to which offence has reference
10A

Any person who fails to comply with income tax general order issued by the Board within fifteen days of issue of such order.

 

Such person shall pay penalty of fifty million rupees for first default and one hundred million for each subsequent default:Provided that said penalty shall be imposed effective from such date as the Board may notify.

114B
11

 

Any person who denies or obstructs the access of the Commissioner or any officer authorized by the Commissioner to the premises, place, accounts, documents, computers or stocks.

Such person shall pay a penalty of fifty thousand rupees or fifty per cent of the amount of tax involved, whichever is higher. 175 and 177
12

 

Where a person has concealed income or furnished inaccurate particulars of such income, including but not limited to the suppression of any income or amount chargeable to tax, the claiming of any deduction for any expenditure not actually incurred or any act referred to in sub-section (1) of section 111, in the course of any proceeding under this Ordinance before any Income Tax authority or the appellate tribunal.

Such person shall pay a penalty of one hundred thousand rupees or an amount equal to the tax which the person sought to evade, whichever is higher.However, no penalty shall be payable on mere disallowance of a claim of exemption from tax of any income or amount declared by a person or mere disallowance of any expenditure declared by a person to be deductible, unless it is proved that the person made the claim knowing it to be wrong. 20, 111 and General
12A

 

Where any person fails to pay tax at the time of making payment as consideration of shares or at the time of registration of shares by the Securities and Exchange Commission of Pakistan or the State Bank of Pakistan, whichever is earlier.

Such person shall pay a penalty equal to fifty percent of the amount of tax involved. 37(6)
12B

 

Where a banking company or payment gateway or a courier service provider, as the case may be, fails to deduct tax at the time of making payment to a seller, or fails to pay the tax deducted as required under section 160, with respect to digitally ordered goods or rendering or providing of digitally delivered services using e-commerce platform.

Such person shall pay a penalty equal to hundred percent of the amount of tax involved. 153(2A)
13

 

Any person who obstructs any Income Tax Authority in the performance of his official duties.

Such person shall pay a penalty of twenty five thousand rupees. 209, 210 and General
14

 

Any person who contravenes any of the provision of this Ordinance for which no penalty has, specifically, been provided in this section.

Such person shall pay a penalty of five thousand rupees or three per cent of the amount of tax involved, whichever is higher. General
15

 

Any person who fails to collect or deduct tax as required under any provision of this Ordinance or fails to pay the tax collected or deducted as required under section 160.

Such person shall pay a penalty of forty thousand rupees or ten percent of the amount of tax, whichever is higher.

 

Division II or Division III, excluding sub-section (2A) of section 153, of Part V of Chapter X or Chapter XII

15A

 

Any seller supplying digitally ordered goods and digitally delivered services through online marketplace who is required to register under Income Tax Ordinance, 2001 (XLIX of 2001) fails to register.

Such seller shall pay a penalty of five hundred thousand rupees for the first default and one million rupees for every subsequent default. 181
16

 

Any person who fails to display his NTN or business licence at the place of business as required under this Ordinance or the rules made thereunder.

Such person shall pay a penalty of five thousand rupees. 181C and 181D
17

 

Any reporting financial institution or reporting entity who fails to furnish information or country-by-country report to the Board as required under section 107, 108 or 165B within the due date.

 

Such reporting financial institution or reporting entity shall pay a penalty of two thousand rupees for each day of default subject to a minimum penalty of twenty five thousand rupees.

107, 108 and 165B
18

 

Any person who fails to keep and maintain document and information required under section 108 or Income Tax Rules, 2002.

1% of the value of transactions, the record of which is required to be maintained under section 108 and Income Tax Rules, 2002. 108

.

S. No. Offence Penalty Section of the Ordinance to which offence has reference
19

 

Where any manufacturer of a motor vehicle accepts or processes any application for booking or purchase of a locally manufactured motor vehicle in violation of the provisions of clause (a) of section 227C.

Such person shall pay a penalty of five percent of the value of the motor vehicle. 227C
20

 

(i) Where any registering authority of Excise and Taxation Department accepts, processes or registers any application for registration of a locally manufactured motor vehicle or for the first registration of an imported vehicle in violation of the provisions of clause (a) of section 227C.(ii) Where any authority responsible for registering, recording or attesting the transfer of immovable property accepts or processes the registration or attestation of such property in violation of the provisions of clause (b) of section 227C.

Such person shall pay a penalty of three percent of the value of motor vehicle or immovable property. 227C
21 Any person who purchases immovable property having fair market value greater than rupees five million through cash or bearer cheque.

 

Such person shall pay a penalty of five percent of the value of property determined by the Board under sub-section (4) of section 68 or by the provincial authority for the purpose of stamp duty, whichever is higher.

75A
22 Where an offshore tax evader is involved in offshore tax evasion in the course of any proceedings under this Ordinance before any Income Tax authority or the appellate tribunal.

 

Such person shall pay a penalty of one hundred thousand rupees or an amount equal to two hundred per cent of the tax which the person sought to evade, whichever is higher.

General
23

 

Where in the course of any transaction or declaration made by a person an enabler has enabled, guided, advised or managed any person to design, arrange or manage that transaction or declaration in such a manner which has resulted or may result in offshore tax evasion in the course of any proceedings under this Ordinance.

 

Such person shall pay a penalty of three hundred thousand rupees or an amount equal to two hundred per cent of the tax which was sought to be evaded, whichever is higher.

General
24

 

Any person who is involved in asset move as defined in clause (5C) of section 2 of the Ordinance from specified territory to an unspecified territory.

 

 

Such person shall pay a penalty of one hundred thousand rupees or an amount equal to one hundred per cent of the tax, whichever is higher.

General
25

 

Where a Reporting Financial Institution fails to comply with any provisions of section 165B of the Ordinance or Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

 

Such Reporting Financial Institution shall pay a penalty of Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is redressed.

 

165B and CRS Rules, Chapter XIIA, ITO Rules, 2002

26

 

Where a Reporting Financial Institution files an incomplete or inaccurate report under provisions of section 165B of the Ordinance and Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

 

Such Reporting Financial Institution shall pay a penalty of Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is redressed.

 

165B and CRS Rules, Chapter XIIA, ITO Rules, 2002

27

 

Where a Reporting Financial Institution fails to obtain valid self-certification for new accounts or furnishes false self-certification for new accounts or furnishes false self-certification made by the Reportable Jurisdiction Person under Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

 

Such Reporting Financial Institution shall pay a penalty of Rs. 10,000 for each default and an additional Rs. 10,000 each month until the default is redressed.

CRS Rules, Chapter XIIA, ITO Rules, 2002
28

 

Where a Reportable Jurisdiction Person fails to furnish valid self-certification or furnishes false self-certification under Common Reporting Standard Rules in Chapter XIIA of Income Tax Rules, 2002.

 

Such Reportable Jurisdiction Person shall pay a penalty of Rs. 5,000 for each default and an additional Rs. 5,000 each month until the default is redressed.

CRS Rules, Chapter XIIA, ITO Rules, 2002


 

S. No. Offence Penalty Section of the Ordinance to which offence has reference
29 Where any person fails to declare business bank account(s) in his registration application or fails to amend his registration profile to declare existing business bank account(s) willfully.

 

Such person shall pay a penalty of Rs.10,000 for each day of default since the date of submission of application for registration or date of opening of undeclared business bank account whichever is later:Provided that if penalty worked out as aforesaid is less than Rs.100,000 for each undeclared bank account, such person shall pay a penalty of Rs.100,000 for each undeclared business bank account:Provided further that this provision shall be applicable from the first day of October, 2021 during which period the taxpayer may update their registration forms.

181
30

 

Any company or Association of Persons who contravenes the provisions of Section 181E.

 

Such company or Association of Persons shall pay a penalty of Rs.1,000,000 for each default.

181E
31 Any person who fails to integrate or perform roles and functions as specified, after being duly notified by the Board as SWAPS Agent.

 

Such person shall pay a penalty of: (i) Rs.50,000 for first default of 07 days (ii) Rs.100,000 for second default of next 07 days (iii) Rs.50,000 for each week after the second consecutive week of default:Provided that no penalty shall be imposed for the period for which extension from integration is granted by the Commissioner, subject to the condition that, if the SWAPS Agent fails to integrate within such extended time, penalties shall be imposed as if no extension was granted.

164A
32

 

Any person, who is integrated for monitoring, tracking, reporting or recording of sales, services and similar business transactions with the Board or its computerized system, conducts such transactions in a manner so as to avoid monitoring, tracking, reporting or recording of such transactions, or issues an invoice which does not carry the prescribed invoice number or QR code or bears duplicate invoice number or counterfeit QR code, or defaces the prescribed invoice number or QR code, or any person who abets commissioning of such offence.

Such person shall pay a penalty of five hundred thousand rupees or two hundred per cent of the amount of tax involved, whichever is higher. 237A
33

 

Any person, who is required to integrate his business for monitoring, tracking, reporting or recording of sales, services and similar business transactions with the Board or its computerized system, fails to get himself registered under the Ordinance, and if registered, fails to integrate in the manner as required under law.

Such person shall be liable to pay a penalty up to one million rupees, and if continues to commit the same offence after a period of two months after imposition of penalty as aforesaid, his business premises shall be sealed till such time he integrates his business in the manner as stipulated under sub-section (3) of section 237A, as the case may be. 237A
34 A person required to integrate his business as stipulated under sub-section (3) of section 237A, who fails to get himself registered under the Ordinance, and if registered, fails to integrate in the manner as required under the law and rules made thereunder.

 

Such person shall be liable to pay:(i) penalty of five hundred thousand rupees for first default;(ii) penalty of one million rupees for second default after fifteen days of order for first default;(iii) penalty of two million rupees for third default after fifteen days of order for second default;(iv) penalty of three million rupees for fourth default after fifteen days of order for third default:Provided that if such person fails to integrate his business within fifteen days of imposition of penalty for fourth default, his business premises shall be sealed till such time he integrates his business in the manner as stipulated under sub-section (3) of section 237A:Provided further that if the person integrates his business with the Board's computerized system before imposition of penalty for second default, penalty for first default shall be waived by the Commissioner.

237A
35

 

 

Any company and an association of persons who –(a) fails to fully state all the relevant particulars or information as specified in the form of return, including a declaration of the records kept by the taxpayer;(b) furnishes any annexure, statement or document specified in the return of income as blank or with incomplete or irrelevant particulars; or(c) attaches blank or incomplete annexures, statements or documents where such annexures, statements or records were required to be filed.

Such company, including a banking company and an association of persons shall pay a penalty of Rs.500,000 or 10% of the tax chargeable on the taxable income, whichever is higher. 114(2)

(2) The penalties specified under sub-section (1) shall be applied in a consistent manner and no penalty shall be payable unless an order in writing is passed by the Commissioner, Commissioner (Appeals) or the Appellate Tribunal after providing an opportunity of being heard to the person concerned..

[Provided that where the taxpayer admits his default he may voluntarily pay the amount of penalty due under this section.]

[Explanation.—For the removal of doubt, it is clarified that establishing mens rea is not necessary for levying of penalty under this section.]

(3) Where a Commissioner (Appeals) or the Appellate Tribunal makes an order under sub-section (2), the Commissioner (Appeals) or the Appellate Tribunal, as the case may be, shall immediately serve a copy of the order on the Commissioner and thereupon all the provision of this Ordinance relating to the recovery of penalty shall apply as if the order was made by the Commissioner.

(4) Where in consequence of any order under this Ordinance, the amount of tax in respect of which any penalty payable under sub-section (1) is reduced, the amount of penalty shall be reduced accordingly.]

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