Penalty for false or omitted entries in the books under Income Tax Act [271AAD] and GST Act [122(1A)]

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271AAD: Penalty for false or omitted entries in the books under Income Tax Act and Section 122(1a) of GST Act

New section 271AAD is inserted in the Income Tax Act by finance act 2020 w.r.t penalty for false entries or omitted entries and shall be applicable w.e.f. 01-04-2020.

Penalty for such false or omitted entries will be equal to the aggregate amount of such false or omitted entry.

It is also important to note that penalty under Section 271AAD can also be levied on any other person who is in any manner involved in making such false entries. It is needless to mentioned that reason behind the introduction of section 271AAD is , recently GST department has caught several cases of fraudulent availment of input tax credit (ITC) based on fake invoices.

Relevant provision is as follows
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.’

Amendment in the GST Act 

In same context Government has inserted subsection 1A to section 122 of the CGST Act 2017. Relevant provision is as follows
Any person who retains the benefit of a transaction covered under clauses (i), (ii), (vii) or clause (ix) of sub-section (1) of section 122 and at whose instance such transaction is conducted, shall be liable to a penalty of an amount equivalent to the tax evaded or input tax credit availed of or passed on .
 Clauses (i), (ii), (vii) or clause (ix) of sub-section (1) of section 122 are listed below 
(i) Supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply;
(ii) Issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder;
(vii) Takes or utilises input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder;
(ix) Takes or distributes input tax credit in contravention of section 20, or the rules made thereunder;
Conclusion : Combined reading of the above amendments strictly focusing on true and correct accounting and book keeping. Any error or mistake can result into imposition of heavy penalties.

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