Section 276CC

⁷⁷[Failure to furnish returns of income.

276CC. If a person wilfully fails to furnish in due time ⁷⁸[the return of fringe benefits which he is required to furnish under sub-section (1) of section 115WD or by notice given under sub-section (2) of the said section or section 115WH or] the return of income which he is required to furnish under sub-section (1) of section 139 or by notice given under ⁷⁹[clause (i) of sub-section (1) of section 142] or section 148 ⁸⁰[or section 153A], he shall be punishable,—

(i) in a case where the amount of tax, which would have been evaded if the failure had not been discovered⁸¹, exceeds ⁸²[twenty-five] 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 imprisonment for a term which shall not be less than three months but which may extend to ⁸³[two] years and with fine:

Provided that a person shall not be proceeded against under this section for failure to furnish in due time the ⁸⁴[return of fringe benefits under sub-section (1) of section 115WD or] return of income under sub-section (1) of section 139—

(i) for any assessment year commencing prior to the 1st day of April, 1975; or

(ii) for any assessment year commencing on or after the 1st day of April, 1975, if—

(a) the return is furnished by him before the expiry of the assessment year; or

(b) the tax payable by him on the total income determined on regular assessment, as reduced by the advance tax, if any, paid, and any tax deducted at source, does not exceed three thousand rupees.]