Income-tax Act,1961
Act No : 43
Section :
Removal, concealment, transfer or delivery of property to thwart tax recovery
3[276. Removal, concealment, transfer or delivery of property to thwart tax recovery Whoever fraudulently removes, conceals, transfers or delivers to any person, any property or any interest therein, intending thereby to prevent that property or interest therein from being taken in execution of a certificate under the provisions of the Second Schedule shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine.] 4[276A. Failure to comply with the provisions of sub-sections (1) and (3) of section 178 If a person 5[* * *],- (i) fails to give the notice in accordance with sub-section (1) of section 178; or (ii) fails to set aside the amount as required by sub- section (3) of that section; or (iii) parts with any of the assets of the company or the properties in his hands in contravention of the provisions of the aforesaid subsection, he shall be punishable with rigorous imprisonment for a term which may extend to two years: Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months.] ----------------------------------------------------------------------- 1 Inserted by the Income-tax (Amendment) Act, 1965, w.e.f. 12-3- 1965. 2 Inserted by the Finance Act, 1990, w.e.f. 1-4-1990. 3 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, section 276, relating to "Failure to make payments or deliver returns or statements or allow inspection', as amended by the Finance Act, 1968, w.e.f. 1-4-1968 and Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971, was omitted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976. 4 Inserted by the Finance Act, 1965, w.e.f. 1-4-1965. 5 The words ", without reasonable cause or excuse,' omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986. ---------------------------------------------------------------------- 1.788 1[276AA. Failure to comply with the provisions of section 269AB or section 269-I-Omitted by the Finance Act, 1986, w.e.f. 1-10-1986. It was inserted by the Income-tax (Amendment) Act, 1981, w.e.f. 1-7- 1982.] 2[276AB. Failure to comply with the provisions of sections 269UC, 269UE and 269UL Whoever 3[* * *] fails to comply with the provisions of section 269UC or fails to surrender or deliver possession of the property under subsection (2) of section 269UE or contravenes the provisions of sub-section (2) of section 269UL shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine: Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months.] 4 [276B. Failure to pay the tax deducted at source' 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 XVIIB, 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. --------------------------------------------------------------------- "276AA. Failure to comply with the provisions of section 269AB or section 269-I.Whoever, without reasonable cause or excuse, fails to comply with the provisions of section 269AB or with any direction issued under sub-section (5) of section 269-1 shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine: Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months.' 2 Inserted by the Finance Act, 1986, w.e.f. 13-5-1986. 3 The words ", without reasonable cause or excuse,' omitted by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986. 4 Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, section 276B, as inserted by the Finance Act, 1968, w.e.f. 1-4-1968; substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975 and amended by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9- 1986, read as under: "276B. Failure to deduct or pay tax.- If a per-son 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 XVIIB, 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. ----------------------------------------------------------------- 1[276BB. Failure to pay the tax collected at source 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.] 2[276C. Wilful attempt to evade tax, etc. (1)If a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable 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 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. (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 three 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.] 3 [276CC. Failure to furnish returns of income If a person wilfully fails to furnish in due time the return of income ---------------------------------------------------------------------- 1 Inserted by the Finance Act, 1988, w.e.f. 1-6-1988. 2 Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1- 10-1975. It was inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 3 Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f, 1-10- 1975. ------------------------------------------------------------------------ 1.790 which he is required to furnish under sub-section (1) of section 139 or by notice given under 1[clause (i) of subsection (1) of section 142) or section 148, 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 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 imprisonment for a term which shall not be less than three months but which may extend to three years and with fine: Provided that a person shall not be proceeded against under this section for failure to furnish in due time the return of income under subsection (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. 2[276D. Failure to produce accounts and documents If a person wilfully fails to produce, or cause to be produced, on or before the date specified in any notice served on him under sub- section (1) of section 142- such accounts and documents as are referred to in the notice 3[or wilfully fails to comply with a direction issued to him under sub-section (2A) of that section], he shall be punishable with rigorous imprisonment for a term which may extend to one year or with fine equal to a sum calculated at a rate which shall not be less than four rupees or more than ten rupees for every day during which the default continues, or with both.] 4 [276DD.-Failure to comply with the provisions of section 269SS.- Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4- 1989.] ----------------------------------------------------------------------- 1 Substituted for 'sub-section (2) of section 139" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. 2 Inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4- 1971. 3 Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4- 1976. 4 Prior to the omission, section 276DD, as inserted by the Finance Act, 1984, w.e.f. 1-4-1984, and amended by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 10-9-1986, read as under: "276DD. Failure to comply with the provisions of section 269SS.- If a person takes or accepts any loan or deposit in contravention of the provisions of section 269SS, he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine equal to the amount of such loan or deposit.' ---------------------------------------------------------------------- 1.791 1[276E. Failure to comply with the provisions of section 269T.Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.]
