Section 471 — Procedure for Imposition of Penalty | ITA 2025

Section 471 of the Income-tax Act, 2025 corresponds to s. 274 of the Income-tax Act, 1961. STATUTORY ARCHITECTURE Mandatory hearing before any penalty order. AO must record reasons and serve show-cause notice specifying the penalty…

Section 471 — - PROCEDURE FOR IMPOSITION OF PENALTY

Section 471 of the Income-tax Act, 2025 corresponds to s. 274 of the Income-tax Act, 1961.

Statutory text — Income-tax Act, 2025

(1) No order imposing a penalty under this Chapter shall be made unless the a ssessee has been heard, or has been given a reasonable opportunity of being heard 16[by way of a show-cause notice to that effect].

15. Word and figures “or 447” omitted by the Finance Act, 2026, w.e.f. 1-4-2026.

16. Inserted by the Finance Act, 2026, w.e.f. 1-4-2026.

(2) No order imposing a penalty under this Chapter shall be made without the prior approval of the Joint Commissioner—

(a) where the penalty exceeds ` 10000, by the Income-tax Officer;

(b) where the penalty exceeds ` 20000, by the Assistant Commissioner or Deputy Commissioner.

(3) An income-tax authority on making an order under this Chapter imposing a penalty, unless he himself is the Assessing Officer, shall send a copy of the order to the Assessing Officer. 17[(4) Irrespective of anything contained in any other provision of this Act, where any draft of the proposed order of assessment under section 275 or assessment under sec- tion 270 or reassessment under section 279 is made on or after the 1st April, 2027,––

(a) penalty under section 439, if any, shall constitute part of such draft assessment or shall be imposed as a part of such order of assessment or reassessment, as the case may be; and

(b) the reference to the assessment order or the penalty order under section 439 in any of the provisions of this Act shall take reference to such order of assessment or reassessment, as the case may be.

(5) Where the approval of the Joint Commissioner is taken for passing of an order of assessment or reassessment on or after the 1st April, 2027, such approval shall also be deemed to be the approval for the imposition of penalty under section 439, if any, constituting part of such order of assessment or reassessment.] Bar of limitation for imposing penalties.

STATUTORY ARCHITECTURE

Mandatory hearing before any penalty order. AO must record reasons and serve show-cause notice specifying the penalty section or limb invoked. Penalty above INR 10,000 requires JCIT prior approval (where AO is below JCIT).

PRACTITIONER PLANNING NOTES

Show-cause notice MUST identify specific limb of s. 439 [270A] -- under-reporting vs misreporting; vague notices struck down (Karnataka HC SSA Emerald Meadows + Gujarat HC Snitha Patel line).
30-day window standard for response; extension on application.
Limitation u/s 472 [275] -- 6 months from end of month of (i) appellate order or (ii) initiation, whichever later.

CASE-LAW DIGEST

CIT v. SSA Emerald Meadows (2016) 73 taxmann.com 241 (SC) -- vague show-cause invalid.
Schneider Electric President Systems (2024) -- limb-specific notice mandatory.

CROSS-REFERENCES

s. 439 (under-reporting or misreporting -- master penalty).
s. 440 (immunity application).
s. 469 or 470 (waiver or reasonable-cause).
s. 471 or 472 (procedure or limitation).

← All sections (537)Act 2025 hub

INCOME-TAX ACT, 2025	INCOME-TAX ACT, 1961
2025 provision	1961 counterpart
s. 471 -- Procedure for Imposition of Penalty	s. 274