Penalty for Fake Invoice / False Entries : Section 271AAD Income Tax

Budget 2020

Why Penalty for Fake Invoices under Income Tax

– In the recent past after the launch of Goods & Services Tax (GST), several cases of fraudulent input tax credit (ITC) claim have been caught by the GST authorities.

– In these cases, fake invoices are obtained by suppliers registered under GST to fraudulently claim ITC and reduce their GST liability. These invoices are found to be issued by racketeers who do not actually carry on any business or profession.

-They only issue invoices without actually supplying any goods or services.

– The GST shown to have been charged on such invoices is neither paid nor is intended to be paid.

– Such fraudulent arrangements deserve to be dealt with harsher provisions under the Act.

When Penalty for Fake Invoices will be Imposed  under Income Tax

Therefore, it is proposed to introduce a new provision in the Act to provide for a levy of penalty on a person, if it is found during any proceeding under the Act that in the books of accounts maintained by him there is a

(i)false entry or

(ii)any entry relevant for computation of total income of such person has been omitted to evade tax liability.

Amount of Penalty for Fake Invoices under Income Tax

The penalty payable by such person shall be equal to the aggregate amount of false entries or omitted entry.

It is also propose to provide that any other person, who causes in any manner a person to make or cause to make a false entry or omits or causes to omit any entry, shall also pay by way of penalty a sum which is equal to the aggregate amounts of such false entries or omitted entry.

Meaning of False Entries for Penalty for Fake Invoices under Income Tax

The false entries is proposed to include use or intention to use –

(a)forged or falsified documents such as a false invoice or, in general, a false piece of documentary evidence; or

(b)Invoice in respect of supply or receipt of goods or services or both issued by the person or any other person without actual supply or receipt of such goods or services or both; or

(c)Invoice in respect of supply or receipt of goods  or services or both to or from a person who do not exist.

Penalty for Fake Invoices under Income Tax : Effective Date

This amendment will take effect from 1st April, 2020s

Relevant Provisions of Finance Bill 2020

Insertion of new section 271AAD.  : Penalty for false entry, etc. in books of account.

98. After section 271AAC of the Income-tax Act, the following section shall be inserted, namely:—

‘271AAD. (1) Without prejudice to any other provisions of this Act, if during any proceeding under this Act, it is found that in the books of account maintained by any person there is—
(i) a false entry; or
(ii) an omission of any entry which is relevant for computation of total income of such person, to evade tax liability,

the Assessing Officer may direct that such person shall pay by way of penalty a sum equal to the aggregate amount of such false or omitted entry.

(2) Without prejudice to the provisions of sub-section (1), the Assessing Officer may direct that any other person, who causes the person referred to in sub-section (1) in any manner to make a false entry or omits or causes to omit any entry referred to in that sub-section, shall pay by way of penalty a sum equal to the aggregate amount of such false or omitted entry.
Explanation.––For the purposes of this section, “false entry” includes use or intention to use––

(a) forged or falsified documents such as a false invoice or, in general, a false piece of documentary evidence; or

(b) invoice in respect of supply or receipt of goods or services or both issued by the person or any other person without actual supply or receipt of such goods or services or both; or

(c) invoice in respect of supply or receipt of goods or services or both to or from a person who does not exist.’