Companies (Profits) Surtax Act, 1964
Section 9: Penalties
If the [Assessing Officer], in the course of any proceedings under this Act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 5, or to produce or cause to be produced the accounts, documents or other evidence required by the [Assessing Officer] under sub-section (1) of section 6, or has concealed the particulars of the chargeable profits or has furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, in addition to the amount of surtax payable, a sum not exceeding—
(a) where the person has failed to furnish the return required under section 5, the amount of [surtax chargeable under the Provisions of this Act];
(b) in any other case, the amount of surtax which would have been avoided if the return made had been accepted as correct:
Provided that the [Assessing Officer] shall not impose any penalty under this section without the previous authority of the [Deputy Commissioner.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 9
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