India - Income Tax Act 2010 - Saarc

1.915 CH. XXI - PENALTIES IMPOSABLE S. 272Awithin the time allowed and in the manner required under those subsections;or](f) to deliver or cause to be delivered in due time a copy of the declarationmentioned in section 197A; or(g) to furnish a certificate as required by section 203 90 [or section 206C];or(h) to deduct and pay tax as required by sub-section (2) of section 226;91[(i) to furnish a statement as required by sub-section (2C) of section 192;]92[(j) to deliver or cause to be delivered in due time a copy of the declarationreferred to in sub-section (1A) of section 206C;]93[(k) to deliver or cause to be delivered a copy of the statement within thetime specified in sub-section (3) of section 200 or the proviso to subsection(3) of section 206C;]94[(l) to deliver or cause to be delivered the 95 [statements] within the timespecified in sub-section (1) of section 206A,]he shall pay, by way of penalty, a sum 96 [of one hundred rupees] for every dayduring which the failure continues:97[Provided that the amount of penalty for failures in relation to 98 [a declarationmentioned in section 197A, a certificate as required by section 203 and] returnsunder sections 206 and 206C 99 [and statements under sub-section (3) of section200 or the proviso to sub-section (3) of section 206C] shall not exceed the amountof tax deductible or collectible 1 , as the case may be.](3) Any penalty imposable under sub-section (1) or sub-section (2) shall beimposed—(a) in a case where the contravention, failure or default in respectof which such penalty is imposable occurs in the course of anyproceeding before an income-tax authority not lower in rank than a2[Joint] Director or a 2 [Joint] Commissioner, by such income-taxauthority;(b) in a case falling under clause (f) of sub-section (2), by the ChiefCommissioner or Commissioner; and(c) in any other case, by the 2 [Joint] Director or the 2 [Joint] Commissioner.90. Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991.91. Inserted by the Finance Act, 2001, w.e.f. 1-4-2002.92. Inserted by the Taxation Laws (Amendment) Act, 2003, w.e.f. 8-9-2003.93. Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-4-2005.94. Inserted by the Finance Act, 2005, w.e.f. 1-6-2005.95. Substituted for “quarterly return” by the Finance (No. 2) Act, 2009, w.e.f. 1-10-2009.96. Substituted for “which shall not be less than one hundred rupees, but which may extendto two hundred rupees,” by the Finance Act, 1999, w.e.f. 1-6-1999.97. Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991.98. Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-4-1999.99. Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.1. For the meaning of the expression “deductible or collectible”, see Taxmann’s Direct TaxesManual, Vol. 3.2. Substituted for “Deputy” by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.