Hello Auditor

What are the consequences of non-payment of corporate tax?

Interest and Late Payment Charges

  • Interest under section 234A is levied for delay in filing the return when tax is unpaid.
  • Section 234B charges interest for failure to pay advance tax.
  • Section 234C applies interest for deferment or shortfall in advance tax instalments.
  • Interest is calculated at 1 percent per month or part thereof.
  • These charges increase the overall tax liability significantly.

Penalty and Fines

  • Penalty may be imposed for underreporting or misreporting income.
  • A penalty of 50 percent or 200 percent of tax can be levied for incorrect reporting.
  • Penalty for failure to file returns may also be applied under section 271F.
  • Disallowance of business expenses may occur due to non-compliance.
  • Fines can also apply for non-payment of self-assessment tax before filing.

Prosecution and Legal Consequences

  • Willful evasion of tax may lead to prosecution under section 276C.
  • Imprisonment ranging from three months to seven years may be imposed.
  • False statements or documents can attract prosecution under section 277.
  • Repeated defaults may be treated as intentional evasion.
  • Legal proceedings may continue even after assessment is completed.

Impact on Refunds and Future Filings

  • Refunds will be withheld or adjusted against outstanding tax dues.
  • Delay in payment may affect the company’s compliance rating.
  • Subsequent filings may attract more scrutiny and verification.
  • The company may lose the benefit of carry-forward of losses and deductions.
  • Returns filed after non-payment may be treated as defective or invalid.

Reputational and Regulatory Risks

  • Tax default records may be shared with regulatory and banking authorities.
  • It may affect credit ratings and eligibility for loans or tenders.
  • Non-compliance may invite notices and audits from tax authorities.
  • Directors and officers may face personal liability under certain circumstances.
  • Regular defaults can harm investor confidence and business reputation.

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