Clauses 11, 13 and 14 of the Finance Bill, 2026 introduce coordinated amendments to the Income-tax Act, 1961 aimed at simplifying the penalty regime for under-reporting and misreporting of income. The reforms focus on:
- eliminating multiple penalty proceedings,
- reducing uncertainty during appellate stages, and
- encouraging early tax settlement.
The key provisions amended are sections 220, 245MA and 270A. All three amendments take retrospective effect from 1 March 2026, unless otherwise stated.
Clause 11: Amendment to Section 220 Interest on Penalty Demand Deferred
Position Before Amendment
- Interest under section 220(2) applies if any amount specified in a notice of demand is not paid within 30 days.
- This included penalty demands, even when the penalty was disputed in appeal.
What Clause 11 Changes
Clause 11 provides that interest under section 220(2) on a demand arising from penalty under section 270A shall be chargeable only after:
- disposal of appeal by the Commissioner of Income-tax (Appeals); or
- disposal by the Income-tax Appellate Tribunal, where the assessment follows DRP directions.
Practical Impact
- Taxpayers are not deemed to be in default for non-payment of disputed penalty during appeals.
- Prevents automatic accumulation of interest on penalty demands under litigation.
Effective Date
- Retrospective from 1 March 2026
Clause 13: Amendment to Section 245MA Expanded Powers of Dispute Resolution Committee
Existing Position
Section 245MA empowers the Dispute Resolution Committee (DRC) to:
- reduce or waive penalties, and
- grant immunity from prosecution,
subject to conditions.
However, once penalty is imposed in the assessment order, ambiguity existed on the DRC’s power to waive it.
What Clause 13 Clarifies
The amendment explicitly provides that penalty for under-reporting of income imposed under section 270A in the assessment order may be waived by the Dispute Resolution Committee.
Significance
- Ensures continuity of relief under the DRC mechanism despite penalty being imposed at the assessment stage.
- Strengthens the non-litigious dispute resolution framework for eligible taxpayers.
Effective Date
- Retrospective from 1 March 2026
Clause 14: Amendment to Section 270A Immunity on Payment of Additional Tax
New Sub-section (11A)
Clause 14 inserts section 270A(11A), providing that:
Where additional income-tax is paid in accordance with section 140B(3A), the income on which such tax is paid shall not form the basis for imposition of penalty under section 270A.
Meaning and Implications
- Encourages voluntary settlement by allowing taxpayers to avoid penalty through payment of:
- tax,
- interest, and
- prescribed additional income-tax.
- Removes penalty exposure once statutory settlement conditions are fulfilled.
- Aligns with the Government’s litigation-reduction strategy.
Effective Date
- Retrospective from 1 March 2026
Combined Effect of Clauses 11, 13 and 14
| Aspect | Earlier Framework | Post-Amendment |
| Penalty proceedings | Separate proceedings | Imposed in assessment order |
| Interest on penalty | Immediate | Deferred till appeal disposal |
| DRC authority | Ambiguous | Explicit power to waive |
| Settlement relief | Limited | Expanded via s.270A(11A) |
Legislative Intent
The existing structure resulted in:
- multiplicity of proceedings,
- prolonged uncertainty for taxpayers, and
- increased compliance and litigation costs.
By consolidating assessment and penalty determination and providing statutory settlement routes, the amendments aim to create a certainty-driven, taxpayer-friendly penalty regime.
Conclusion
The amendments proposed under Clauses 11, 13 and 14 of the Finance Bill, 2026 mark a fundamental shift in how penalties for under-reporting and misreporting of income are administered. The reforms:
- streamline enforcement,
- protect taxpayers during appellate stages, and
- incentivise early compliance and settlement.
With retrospective effect from 1 March 2026, these provisions will have a material impact on ongoing and future assessments.
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