Section 276CC:
Failure to furnish returns of income.
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.
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).