Before a penalty can be imposed, the taxpayer must be given a reasonable chance to be heard, usually via a show‑cause notice. Any penalty order exceeding ₹10,000 requires prior approval from the Joint Commissioner by the Income‑Tax Officer, and if it exceeds ₹20,000 the approval must come from the Assistant or Deputy Commissioner. The order must be copied to the Assessing Officer unless they are the one issuing it. From 1 April 2027, penalties under section 439 are treated as part of the assessment or reassessment draft, and the Joint Commissioner’s approval for the assessment also covers the penalty.
📜 Official text of the section +
471. (1) No order imposing a penalty under this Chapter shall be made unless the
assessee has been heard, or has been given a reasonable opportunity of being
heard 16[by way of a show-cause notice to that effect].
15. Word and figures “or 447” omitted by the Finance Act, 2026, w.e.f. 1-4-2026.
16. Inserted by the Finance Act, 2026, w.e.f. 1-4-2026.
(2) No order imposing a penalty under this Chapter shall be made without the prior
approval of the Joint Commissioner—
( a) where the penalty exceeds ` 10000, by the Income-tax Officer;
( b) where the penalty exceeds ` 20000, by the Assistant Commissioner or
Deputy Commissioner.
(3) An income-tax authority on making an order under this Chapter imposing a
penalty, unless he himself is the Assessing Officer, shall send a copy of the order to
the Assessing Officer.
17[(4) Irrespective of anything contained in any other provision of this Act, where any
draft of the proposed order of assessment under section 275 or assessment under sec-
tion 270 or reassessment under section 279 is made on or after the 1st April, 2027,––
( a) penalty under section 439, if any, shall constitute part of such draft assessment
or shall be imposed as a part of such order of assessment or reassessment,
as the case may be; and
( b) the reference to the assessment order or the penalty order under section
439 in any of the provisions of this Act shall take reference to such order
of assessment or reassessment, as the case may be.
(5) Where the approval of the Joint Commissioner is taken for passing of an order of
assessment or reassessment on or after the 1st April, 2027, such approval shall also
be deemed to be the approval for the imposition of penalty under section 439, if any,
constituting part of such order of assessment or reassessment.]
Bar of limitation for imposing penalties.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.