What is Failure to pay the tax collected at source? What is Wilful attempt to evade tax, etc? Section 276BB and 276C of Income Tax Act 1961

Failure to pay the tax collected at source and Wilful attempt to evade tax, etc are defined under section 276BB and 276C of Income Tax Act 1961. Provisions under these Sections are:

 

Section 276BB of Income Tax Act "Failure to pay the tax collected at source"

276BB. If a person fails to pay to the credit of the Central Government, the tax collected by him as required under the provisions of section 206C, 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.

 

Section 276C of Income Tax Act "Wilful attempt to evade tax, etc"

276C. (1) If a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable, or under reports his income, under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable,-

(i) in a case where the amount sought to be evaded or tax on under-reported income exceeds 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 rigorous imprisonment for a term which shall not be less than three months but which may extend to two years and with fine.

(2) If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to two years and shall, in the discretion of the court, also be liable to fine.

Explanation.-For the purposes of this section, a wilful attempt to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof shall include a case where any person-

(i) has in his possession or control any books of account or other documents (being books of account or other documents relevant to any proceeding under this Act) containing a false entry or statement; or

(ii) makes or causes to be made any false entry or statement in such books of account or other documents; or

(iii) wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or

(iv) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof.

 

Income Tax Act 1961

What is Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc? Section 272A of Income Tax Act 1961

What is Penalty for failure to comply with the provisions of section 133B? What is Penalty for failure to comply with the provisions of section 139A? Section 272AA and 272B of Income Tax Act 1961

What is Penalty for failure to comply with the provisions of section 203A? Penalty for failure to comply with the provisions of section 206CA? Section 272BB and 272BBB of Income Tax Act 1961

What is False estimate of, or failure to pay, advance tax? What is Power to reduce or waive penalty, etc., in certain cases? Section 273 and 273A of Income Tax Act 1961

What is Power of [Principal Commissioner or] Commissioner to grant immunity from penalty? What is the meaning Penalty not to be imposed in certain cases? Section 273AA and 273B of Income Tax Act 1961

What is Procedure? What is Bar of limitation for imposing penalties? Section 274 and 275 of Income Tax Act 1961

What is Contravention of order made under sub-section (3) of section 132? What is Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132? Section 275A and 275B of Income Tax Act 1961

What is Removal, concealment, transfer or delivery of property to thwart tax recovery? What is Failure to comply with the provisions of sub-sections (1) and (3) of section 178? Section 276 and 276A of Income Tax Act 1961

What is Failure to comply with the provisions of sections 269UC, 269UE and 269UL? What is Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B? Section 276AB and 276B of Income Tax Act 1961

What is Failure to pay the tax collected at source? What is Willful attempt to evade tax, etc? Section 276BB and 276C of Income Tax Act 1961

What is Failure to furnish returns of income? What is Failure to furnish return of income in search cases? Section 276CC and 276CCC of Income Tax Act 1961

What is Failure to produce accounts and documents? What is False statement in verification, etc? Section 276D and 277 of Income Tax Act 1961

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