Income Tax Ordinance, 2001

CHAPTER-X

PROCEDURE PART X PENALTY

From: 2023-07-01 - To: 0000-00-00 1[***] _________________________________________________ 1-Section (184) omitted vide Finance Act, 2010 (XVI of 2010) “184. Penalty for concealment of income.-(I) Where, in the course of any proceedings under this Ordinance, the Commissioner, Commissioner (Appeals), or the Appellate Tribunal is satisfied that any person has i[either in the said proceedings or in any earlier proceedings relating to an assessment in respect of the same tax year] concealed income or furnished inaccurate particulars of such income, the Commissioner, Commissioner (Appeals), or the Appellate Tribunal, as the case may be, may, by an order in writing, impose upon the person a penalty equal to the amount of tax which the person sought to evade by concealment of income or the furnishing of inaccurate particulars of such income. i. The words were inserted vide the Finance Act, 2003 (I of 2003 assented on 16th June, 2003) (2) For the purposes of sub-section (1), concealment of income or the furnishing of inaccurate particulars of income shall include – (a) the suppression of any income or amount chargeable to tax; (b) the claiming of any deduction for any expenditure not actually incurred; or (c) any act referred to in sub-section (1) of section 111. (3) Where any income or amount declared by a taxpayer is claimed by the taxpayer to be exempt from tax or any expenditure declared by a taxpayer is claimed by the taxpayer to be deductible, the mere disallowance of such claim shall not constitute concealment of income or the furnishing of inaccurate particulars of income, unless it is proved that the taxpayer made the claim knowing it to be wrong. (4) Where a Commissioner (Appeals) or the Appellate Tribunal makes an order under subsection (1), the ii[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 provisions of this Ordinance relating to the recovery of penalty shall apply as if the order were made by the Commissioner. ii. Substituted for the words “Commissioner or Tribunal” vide the Finance ordinance (XXVII of 2002 promulgated on 15th June, 2002…