Income Tax Act, 1961
Section 8: Ins. by Act 25 of 2014, s. 61 (w.e.f. 12014).
8. Ins. by Act 25 of 2014, s. 61 (w.e.f. 12014).
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(ii) an incorrect claim, apparent from any information in the statement;
(b) the interest, if any, shall be computed on the basis of the sums deductible as computed in the
statement;
1[(c) the fee, if any, shall be computed in accordance with the provisions of section 234E;
(d) the sum payable by, or the amount of refund due to, the deductor shall be determined after
adjustment of the amount computed under clause (b) and clause (c) against any amount paid
under section 200 or section 201 orsection 234E and any amount paid otherwise by way of tax or
interest or fee;
(e) an intimation shall be prepared or generated and sent to the deductor specifying the sum
determined to be payable by, or the amount of refund due to, him under clause (d); and
(f) the amount of refund due to the deductor in pursuance of the determination under clause (d)
shall be granted to the deductor:]
Provided that no intimation under this sub-section shall be sent after the expiry of one year from
the end of the financial year in which the statement is filed.
Explanation.—For the purposes of this sub-section, “an incorrect claim apparent from any
information in the statement” shall mean a claim, on the basis of an entry, in the statement—
(i) of an item, which is inconsistent with another entry of the same or some other item in such
statement;
(ii) in respect of rate of deduction of tax at source, where such rate is not in accordance with the
provisions of this Act.
(2) For the purposes of processing of statements under sub-section (1), the Board may make a scheme
for centralised processing of statements of tax deducted at source to expeditiously determine the tax
payable by, or the refund due to, the deductor as required under the said sub-section.]
201. Consequences of failure to deduct or pay.—2[(1) Where any person, including the principal
officer of a company,—
(a) who is required to deduct any sum in accordance with the provisions of this Act; or
(b) referred to in sub-section (1A) of section 192, being an employer,
does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as
required by or under this Act, then, such person, shall, without prejudice to any other consequences which
he may incur, be deemed to be an assessee in default in respect of such tax:
3[Provided that any person, including the principal officer of a company, who fails to deduct the
whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a
resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in
default in respect of such tax if such resident—
(i) has furnished his return of income under section 139;
an incorrect claim, apparent from any information in the statement;
the interest, if any, shall be computed on the basis of the sums deductible as computed in the
statement;
1[
the fee, if any, shall be computed in accordance with the provisions of section 234E;
the sum payable by, or the amount of refund due to, the deductor shall be determined after
adjustment of the amount computed under clause
and clause
against any amount paid
under section 200 or section 201 orsection 234E and any amount paid otherwise by way of tax or
interest or fee;
an intimation shall be prepared or generated and sent to the deductor specifying the sum
determined to be payable by, or the amount of refund due to, him under clause
the amount of refund due to the deductor in pursuance of the determination under clause
shall be granted to the deductor:]
Provided that no intimation under this sub-section shall be sent after the expiry of one year from
the end of the financial year in which the statement is filed.
Explanation.—For the purposes of this sub-section, “an incorrect claim apparent from any
information in the statement” shall mean a claim, on the basis of an entry, in the statement—
of an item, which is inconsistent with another entry of the same or some other item in such
statement;
in respect of rate of deduction of tax at source, where such rate is not in accordance with the
provisions of this Act.
For the purposes of processing of statements under sub-section
Where any person, including the principal
officer of a company,—
who is required to deduct any sum in accordance with the provisions of this Act; or
referred to in sub-section
of section 192, being an employer,
does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as
required by or under this Act, then, such person, shall, without prejudice to any other consequences which
he may incur, be deemed to be an assessee in default in respect of such tax:
3[Provided that any person, including the principal officer of a company, who fails to deduct the
whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a
resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in
default in respect of such tax if such resident—
has furnished his return of income under section 139;