Section 271B of the Income-tax Act, 1961 applies where a person fails to get accounts audited, or fails to furnish the audit report, as required under Section 44AB. The Assessing Officer may direct a penalty equal to one-half per cent of the total sales, turnover or gross receipts in business — or of the gross receipts in profession — or ₹1,50,000, whichever is less. The ceiling is reached at a turnover of ₹3 crore, so for every assessee above that figure the exposure is the same ₹1,50,000. The amount is not graded by the length of the delay: a report one day late and a report never filed carry the same ceiling.
The penalty is not automatic. The section uses the words "may direct", it can be imposed only after the assessee has been heard, and Section 273B provides that no penalty is imposable where the assessee proves there was reasonable cause for the failure. The burden is on the assessee and the cause has to be evidenced — illness, the resignation or death of the auditor, delay in a prior statutory audit of a company or co-operative society, a documented portal failure, or a genuine and reasoned belief that Section 44AB did not apply have all been accepted on the right facts. Where the audit was completed in time and only the upload was late, tribunal benches have frequently deleted the penalty as a technical or venial breach, applying the Supreme Court’s observation in Hindustan Steel Ltd v. State of Orissa that a penalty should not be imposed merely because it is lawful to do so.
For FY 2025-26 (AY 2026-27) the specified date for the report was 30 September 2026, and the CBDT extended it in late September 2026 to 21 October 2026, moving the audit-case return date from 31 October to 21 November 2026. Assessees who also furnish a transfer pricing report under Section 92E were outside the extension; their date remains 31 October 2026. This is also the last year of Section 271B. From tax year 2026-27, under the Income-tax Act, 2025, the Finance Act 2026 replaces the penalty with a fee under Section 428(c) — ₹75,000 where the failure continues for up to one month and ₹1,50,000 beyond that — a fixed amount that does not depend on turnover.
A proprietary trading business has turnover of ₹2.4 crore for FY 2025-26 and is liable to audit under Section 44AB. The auditor signed the report on 17 October 2026, but the proprietor was hospitalised and the report was accepted on the portal only on 12 November 2026.