Income Tax Department

Ministry of Finance, Government of India

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Section 276B

Failure to deduct or pay tax

Section

Section Number

276B

Chapter

CHAPTER XXII - OFFENCES AND PROSECUTIONS

Act

Income-tax Act, 1961

Year

1988

Failure to deduct or pay tax

Failure to deduct or pay tax

69[Failure to deduct or pay tax.

276B. If a person fails to deduct or after deducting, fails to pay the tax as required by or under the provisions of sub-section (9) of section 80E or Chapter XVI1-B, he shall be punishable,—

(i) in a case where the amount of tax which he has failed to deduct or pay exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;

(ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine.]

The following section 276B shall be substituted for the existing section by the Direct Lax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989:

Failure to pay the tax deducted at source.

276B. If a person fails to pay to the credit of the Central Government, the tax deducted at source by him as required by or under the provisions of Chapter XVII-B, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.

 

69Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. Original section was inserted by the Finance Act, 1968, w.e.f. 1-4-1968.

 

 

[AS AMENDED BY THE FINANCE ACT, 1988]

Footnotes