Section 456 — Penalty for failure to furnish statement or information or document by an eligible investment fund. Successor to s.271FAB of the 1961 Act.
Section 456 is in Chapter XXI — Penalties, which runs from section 439 to section 472.
The section provides that if an eligible investment fund required to furnish a statement, or any information or document, under paragraph 4 of Schedule I fails to do so within the time prescribed under that paragraph, the income-tax authority prescribed under that paragraph may direct that the fund shall pay, by way of penalty, a sum of Rs. 500000.
The concession available to an eligible investment fund depends on facts the Department can only learn from the fund itself, and the reporting obligation in paragraph 4 of Schedule I is how it learns them. A fixed penalty attaches a definite cost to silence, without requiring any measurement of the tax at stake.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Penalty for failure to furnish the statement, information or document | Rs. 500000 | Failure by an eligible investment fund to furnish it within the time prescribed under paragraph 4 of Schedule I; the prescribed income-tax authority may direct payment | Section 456 |
The penalty is a fixed sum, not a per-day or proportionate charge, so it does not grow with the length of the delay or the size of the fund. The trigger is failure to furnish within the prescribed time, so a late filing is a failure unless it is within that time. The power is expressed as one the authority "may" exercise, so the direction is discretionary, and it is the authority prescribed under paragraph 4 of Schedule I, not any income-tax authority, who exercises it.
An eligible investment fund does not file the statement required by paragraph 4 of Schedule I within the time prescribed there, and files it four months late. The prescribed income-tax authority may direct it to pay Rs. 500000 by way of penalty — the same amount whether the delay was four months or four days beyond the prescribed time, since the section fixes a single sum.
The fund meets it as a direction from the income-tax authority prescribed under paragraph 4 of Schedule I requiring payment of the penalty, following its failure to file the statement, information or document that paragraph requires.
may direct that such fund shall pay, by way of penalty, a sum of Rs. 500000
See the full 1961 to 2025 concordance.