276CC Income Tax Act - Failure to furnish returns of income

Section 276cc of Income Tax Act 1961 - 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.
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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).