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Penal Provisions in case of TCS

Section No.

Nature of default

Penalty

Officer who
shall impose
the penalty

No penally for
reasonable
cause i.e.
whether section
273 is
applicable

1

2

3

4

5

271CA

Failure to collect the whole or any part of tax as required by or under the provisions of Chapter XVIIBB

Sum equal to the amount of tax which he / it failed to collect

Joint Commissioner

Yes

272A(2)(g)

Failure to furnish certificate as required under section 206C

Rs. 100 for every day during which the failure continues but the penalty shall not exceed the amount of tax collected

Joint Commissioner

Yes

272A(2)(/)

Failure to deliver or cause it to be
delivered a copy of declaration under Form No. 27C in due time

Rs. 100 for every day during which the failure continues but the penalty shall not exceed the amount of tax collected

Joint Commissioner

Yes

272A(2)(k)

Failure to deliver or cause to be delivered statement within the time prescribed in proviso to Section 206C (3) (Not applicable on or after 1.7.2012. )

Rs. 100 for every day during which the failure continues The penalty shall not exceed the amount of tax collectible at source

Joint Commissioner

Yes

272A(2)(m)

Failure to deliver or cause to be delivered a statement within the time as may be
prescribed under section 206C(3A)

Rs. 100 for every day during which the failure continues

Joint
Commissioner

Yes

276BB

Failure to pay the tax collected at source

Punishable with rigorous imprisonment for a term which shall not be less than3 months but which may extend to 7 years and with fine.

With previous sanction of Principal Chief Corn-missioner or Chief Commissioner/ Principal
Commissioner or Commissioner/ Principal Director General or Director General

Yes

 

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