Section 276CC
Failure to furnish returns of income. Repealed
About this Act
An Act to consolidate and amend the law relating to income-tax and super-tax
If a person wilfully fails to furnish in due time 1
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 2
clause (i) of
sub-section (1) of section 142 or 3
section 148 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 discovered, exceeds 4 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 5 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 6 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 7 tax payable by such person, not being a company, 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.
(i) in a case where the amount of tax, which would have been evaded if the failure had not been discovered, exceeds 4 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 5 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 6 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 7 tax payable by such person, not being a company, 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.
Notes
1. Ins. by Act 18 of 2005, s. 62 (w.e.f. 1-4-2006).
2. Subs. by Act 4 of 1988, s. 126, for “sub-section (2) of section 139” (w.e.f. 1-4-1989).
3. Subs. by Act 32 of 2003, s. 97, for “section 148” (w.e.f. 1-6-2003).
4. Subs. by Act 23 of 2012, s. 107, “one hundred thousand rupees” (w.e.f. 1-7-2012).
5. Subs. by s. 107, ibid., for “three years” (w.e.f. 1-7-2012).
6. Subs. by Act 18 of 2005, s. 62, for “return of income under sub-section (1) of section 139” (w.e.f. 1-4-2006).
7. Subs. by Act 13 of 2018, s. 54, for “tax payable by him” (w.e.f. 1-4-2018).
2. Subs. by Act 4 of 1988, s. 126, for “sub-section (2) of section 139” (w.e.f. 1-4-1989).
3. Subs. by Act 32 of 2003, s. 97, for “section 148” (w.e.f. 1-6-2003).
4. Subs. by Act 23 of 2012, s. 107, “one hundred thousand rupees” (w.e.f. 1-7-2012).
5. Subs. by s. 107, ibid., for “three years” (w.e.f. 1-7-2012).
6. Subs. by Act 18 of 2005, s. 62, for “return of income under sub-section (1) of section 139” (w.e.f. 1-4-2006).
7. Subs. by Act 13 of 2018, s. 54, for “tax payable by him” (w.e.f. 1-4-2018).