Proposed Amendments to Section 276B: Rationalising Prosecution for Delayed Tax Payments



Quick Summary
Proposed amendments to Section 276B of the Act seek to streamline prosecution for individuals who delay tax payments. Specifically, a person covered under clause (a) may be exempt from prosecution if they pay the tax deducted at source for a quarter by the deadline for filing the relevant statement. This change is set to come into effect from October 1, 2024.

Amendments proposed in section 276B of the Act for rationalisation of provisions

Section 276B of the Act provides for prosecution in case of failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B. The provisions of the said section state that, inter-alia, 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 XVII-B, 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.

Tax Prosecution Rules Changed for Delayed Payments

2. It is proposed to amend section 276B of the Act to provide for exemption from prosecution to a person covered under clause (a) of the said section, if the payment of tax deducted in respect of a quarter has been made to the credit of the Central Government at any time on or before the time prescribed for filing the statement of 
such quarter under sub-section (3) of section 200 of the Act.

3. This amendment will take effect from the 1st day of October, 2024.

[Clause 84]

FAQ :

Section 276B of the Act deals with prosecution for failure to pay tax deducted at source to the credit of the Central Government.

Currently, failure to pay deducted tax can result in rigorous imprisonment from three months up to seven years, along with a fine.

It is proposed that a person covered under clause (a) will be exempt from prosecution if they make the tax payment for a quarter by the prescribed deadline for filing the statement for that quarter.

The proposed amendments are scheduled to take effect from the 1st day of October, 2024.

The proposed exemption specifically applies to a person covered under clause (a) of Section 276B, regarding tax deducted at source for a quarter, if paid by the statement filing deadline.




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