The Statutory Brief

IT Act 1961 → 2025 / Sections 271A–275B

Penalties

Sections 271A–275B → Sections 441–474

Other penalties: books, audit, SFT, transfer pricing, PAN/TAN, procedure and limitation

Sections 271A–275B of the old Income-tax Act, 1961 · new sections 441–474 under the Income-tax Act, 2025

New reference Sections 441 to 474 (penalties) and 428 (fees)

Income-tax Act, 1961Sections 271A–275B

  • 271A: books not maintained — ₹25,000
  • 271B: audit not done — 0.5% of turnover, max ₹1,50,000
  • 271AAC: 10% penalty on income under 68–69D; 271AAD: false entries
  • 274, 275: hearing, approval and time limit for penalty orders

Applies to FY 2025-26 (AY 2026-27) and earlier years.

Income-tax Act, 2025Sections 441 to 474 (penalties) and 428 (fees)

  • 271A → 441 (₹25,000); 271AAD → 444; 271CA → 449 (equal to TCS not collected)
  • Audit default is now a fee under 428(c): ₹75,000 for delay up to one month, ₹1,50,000 after that
  • TP report (old 271BA, 92E) is a fee under 428(d): ₹50,000 / ₹1,00,000; 447 omitted
  • 274 → 471 (show-cause notice required); 275 → 472 (six months from end of quarter)

Applies from tax year 2026-27 (from 1 April 2026).

Section-by-section mapping (30 sections)

1961 ActSubject2025 Act
271AFailure to keep, maintain or retain books of account, documents, etc441
271AAFailure to keep transfer pricing information and documents (92D)442
271AACPenalty on income under sections 68–69D443 — omitted by FA 2026
271AADPenalty for false entry, etc., in books of account444
271AAEBenefits to related persons (trusts)445
271BFailure to get accounts audited428(c) fee — 446 as enacted, substituted by FA 2026
271BAFailure to furnish transfer pricing report (92E)428(d) fee — 447 as enacted, omitted by FA 2026
271CAPenalty for failure to collect tax at source449
271DBPenalty for failure to comply with provisions of section 269SU452
269SUAcceptance of payment through prescribed electronic modes187 (penalty: 452)
271FAFailure to furnish SFT / reportable account454 (substituted by FA 2026)
271FAAPenalty for furnishing inaccurate statement of financial transaction or reportable account455
271FABFailure by eligible investment fund to furnish statement456
271GPenalty for failure to furnish information or document under section 92D457
271GAPenalty for failure to furnish information or document under section 285A458
271GBPenalty for failure to furnish report or for furnishing inaccurate report under section 286459
271GCPenalty for failure to submit statement under section 285460
271-IFailure to furnish / inaccurate information under section 195(6) (Form 15CA/CB)462
271JIncorrect information in reports or certificates463
271KPenalty for failure to furnish statements, etc464
272AFailure to answer questions, sign statements, furnish information465
272AAPenalty for failure to comply with section 133B466
272BPenalty for failure to comply with the provisions of section 139A467
272BBPenalty for failure to comply with the provisions of section 203A468
273APower to reduce or waive penalty, etc., in certain cases469
273BPenalty not to be imposed in certain cases470
274Procedure471
275Bar of limitation for imposing penalties472
275AContravention of order made under sub-section (3) of section 132473
275BFailure to comply with the provisions of clause (iib) of sub-section (1) of section 132474

Source: CBDT mapping of sections, Income-tax Act 1961 to Income-tax Act 2025.

What changed

Finance Act 2026 (w.e.f. 1 April 2026) converted the audit and transfer pricing report penalties into fixed fees under section 428, substituted section 446 with a crypto-asset reporting penalty, omitted section 443 (the 10% penalty on unexplained income) and rewrote section 454 (SFT default).

Practice notes

  • Unexplained income is now taxed at 30% under section 195 (cut from 60% by FA 2026), and the separate 10% penalty in 443 is gone.
  • Section 471(1) now requires a hearing by way of a show-cause notice before any penalty order.
  • Penalties for TDS default (271C), cash (271D/E) and under-reporting (270A) have their own pages.

These are summaries, not the statutory text. Read the bare Act for both sections on the Income Tax Department's official site, which also has a side-by-side comparison utility.

Frequently asked

What is the penalty for not getting accounts audited under the new Income Tax Act?

After Finance Act 2026 it is a fee under section 428(c): ₹75,000 if the delay is up to one month and ₹1,50,000 after that. The old 271B penalty (0.5% of turnover, max ₹1,50,000) applies to FY 2025-26 and earlier.

What is section 271B called in the new Income Tax Act?

CBDT mapped 271B to section 446, but Finance Act 2026 replaced it with a fee under section 428(c); section 446 now deals with crypto-asset reporting.

Is section 271AAC still there in the new Act?

Its counterpart, section 443, was omitted by Finance Act 2026 with effect from 1 April 2026.

What is section 271A called in the new Income-tax Act, 2025?

Section 271A of the Income-tax Act, 1961 (Failure to keep, maintain or retain books of account, documents, etc) corresponds to section 441 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 271AA called in the new Income-tax Act, 2025?

Section 271AA of the Income-tax Act, 1961 (Failure to keep transfer pricing information and documents (92D)) corresponds to section 442 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 271AAC called in the new Income-tax Act, 2025?

Section 271AAC of the Income-tax Act, 1961 (Penalty on income under sections 68–69D) corresponds to section 443 — omitted by FA 2026 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 271AAD called in the new Income-tax Act, 2025?

Section 271AAD of the Income-tax Act, 1961 (Penalty for false entry, etc., in books of account) corresponds to section 444 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 271AAE called in the new Income-tax Act, 2025?

Section 271AAE of the Income-tax Act, 1961 (Benefits to related persons (trusts)) corresponds to section 445 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 271B called in the new Income-tax Act, 2025?

Section 271B of the Income-tax Act, 1961 (Failure to get accounts audited) corresponds to section 428(c) fee — 446 as enacted, substituted by FA 2026 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What changed in sections 271A–275B under the new Income Tax Act?

Finance Act 2026 (w.e.f. 1 April 2026) converted the audit and transfer pricing report penalties into fixed fees under section 428, substituted section 446 with a crypto-asset reporting penalty, omitted section 443 (the 10% penalty on unexplained income) and rewrote section 454 (SFT default).

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