India - Income Tax Act 2010 - Saarc

1.737 CH. XVII - COLLECTION & RECOVERY - DEDUCTION AT SOURCE S. 19243[or by payment under sub-section (1A) of section 192], as the case may be, inaccordance with the provisions of this Chapter.(2) Nothing in this section shall prejudice the charge of tax on such income underthe provisions of sub-section (1) of section 4.Direct payment.44191. 45 [***] In the case of income in respect of which provision is not madeunder this Chapter for deducting income-tax at the time of payment,and in any case where income-tax has not been deducted in accordance withthe provisions of this Chapter, income-tax shall be payable by the assesseedirect.46[***]47[Explanation.—For the removal of doubts, it is hereby declared that if anyperson including the principal officer of a company,—(a) who is required to deduct any sum in accordance with the provisionsof this Act; or(b) referred to in sub-section (1A) of section 192, being an employer,does not deduct, or after so deducting fails to pay, or does not pay, the whole orany part of the tax, as required by or under this Act, and where the assessee hasalso failed to pay such tax directly, then, such person shall, without prejudice toany other consequences which he may incur, be deemed to be an assessee indefault within the meaning of sub-section (1) of section 201, in respect of suchtax.]Salary.B.—Deduction at source48192. 49 (1) Any person responsible for paying any income chargeable underthe head “Salaries” shall, at the time of payment, deduct income-tax43. Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.44. See also Circular No. 306, dated 19-6-1981 and Circular No. 141, dated 23-7-1974. Fordetails, see Taxmann’s Master Guide to Income-tax Act.45. “(1)” omitted by the Finance Act, 1965, w.e.f. 1-4-1965.46. Sub-section (2) omitted, ibid.47. Substituted by the Finance Act, 2008, w.r.e.f. 1-6-2003. Prior to its substitution, Explanation,as inserted by the Finance Act, 2003, w.e.f. 1-6-2003, read as under :“Explanation.—For the removal of doubts, it is hereby declared that if any person referredto in section 200 and in the cases referred to in section 194, the principal officer and thecompany of which he is the principal officer does not deduct the whole or any part of thetax and such tax has not been paid by the assessee direct, then, such person, the principalofficer and the company shall, without prejudice to any other consequences which he orit may incur, be deemed to be an assessee in default as referred to in sub-section (1) ofsection 201 in respect of such tax.”48. See also Letter [F. No. 12/71/65-IT(B)(Extract)], dated 5-3-1966, Circular No. 504, dated8-2-1988, Circular No. 483, dated 4-3-1987, Circular No. 147, dated 28-10-1974, Letter[F.No. 237/4/75-A & PAC], dated 23-11-1976, Circular No. 285, dated 21-10-1980, CircularNo. 586, dated 28-11-1990, Circular No. 707, dated 11-7-1995, Circular No. 756, dated10-10-1997, Circular No. 758, dated 7-11-1997, Circular No. 761, dated 13-1-1998, CircularNo. 8/2007, dated 5-12-2007 and Circular No. 6/2009, dated 31-8-2009 read with CircularNo. 9/2008, dated 29-9-2008. For details, see Taxmann’s Master Guide to Income-tax Act.49. See rules 26A, 26B, 28(1), 28AA, 28AB, 30, 31, 31A, 31AB, 33, 36, 37 and 37BA and Form Nos.12B, 12BA, 13, 16, 16AA, 24Q and 26AS.