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Finin2minAction Guide · source-controlled
Income TaxUpdated 4 October 2026

Penalty Provisions Under Income-tax Act 1961 vs 2025: Practitioner Comparison

Reviewed by Ravi Sisodia · Last reviewed 13 August 2026

Finin2min 2-Minute Summary

The governing Act follows the underlying tax year/default

The biggest transition error is choosing the penalty section from the date of the notice rather than the legal period to which the default relates. Section 536 preserves proceedings and consequences for tax years under the repealed Act. A notice issued in 2027 can therefore still require a 1961 Act analysis when it concerns an earlier assessment year.

For Tax Year 2026-27 onwards, begin with the 2025 Act's Chapter XXI and current Finance Act amendments. Keep a crosswalk column to the old section for practitioner familiarity, but the operative response should cite the current provision.

Under-reporting vs misreporting remains a high-consequence distinction

Section 439 states a 50% penalty on tax payable on under-reported income. Where the under-reporting is in consequence of misreporting, the rate is 200%. The statutory misreporting list includes categories such as suppression/misrepresentation of facts, false entries, unrecorded receipts or investments, unsubstantiated expenditure and specified transaction-reporting failures.

That makes evidence quality central. A disallowance does not automatically equal misreporting. The response should identify what information was disclosed, what legal position was taken, what documents supported it and whether the facts fit a listed misreporting category.

Worked example: 2025-26 deduction disputed after repeal

Suppose an assessment for FY 2025-26 is completed after 1 April 2026 and the officer proposes penalty on a disputed deduction. The practitioner should first preserve the old-Act track because the income belongs to a period before the new Act commenced. By contrast, an analogous default for Tax Year 2026-27 starts under the 2025 Act. Using section 439 merely because the notice is dated 2027 would be wrong for the first case.

Penalty defence / governance file

Questions readers commonly ask

What replaces old section 270A?

The under-reporting and misreporting framework is in section 439 of the Income-tax Act, 2025.

What are the section 439 rates?

The current section states 50% of tax on under-reported income and 200% when under-reporting results from specified misreporting.

Does a notice issued after 1 April 2026 always use the new Act?

No. Section 536 can preserve the old Act for earlier tax years and proceedings.

Should practitioners rely on an old penalty chart for TY 2026-27?

No. Use the consolidated Income-tax Act, 2025 as amended, because section numbering and some substantive architecture have changed.

Official / primary sources

Disclaimer

Educational and professional reference only; confirm the current law, rates and the facts of your case before relying on this page.

Educational and professional reference only — not financial, tax or legal advice. Verify the current official position from the primary source before relying on any figure, rate, provision or deadline.