Special provision for collection of tax at source for non-filers of income-tax return.

¹[206CCA. (1) Notwithstanding anything contained in any other provisions of this Act, where tax is required to be collected at source under the provisions of Chapter XVII-BB, on any sum or amount received by a person ²[(hereafter referred to as collectee)] from a specified person, the tax shall be collected at the higher of the following two rates, namely:–

        (i) at twice the rate specified in the relevant provision of the Act; or

       (ii) at the rate of five per cent.

(2) If the provisions of section 206CC is applicable to a specified person, in addition to the provisions of this section, the tax shall be collected at higher of the two rates provided in this section and in section 206CC.

(3) For the purposes of this section “specified person” means a person who has not ³[furnished the return of income for the assessment year relevant to the previous year immediately preceding the financial year in which tax is required to be collected, for which the time limit for furnishing the return of income under sub-section (1) of section 139 has expired and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in the said previous year:”.]

⁴[Provided that the specified person shall not include––

(i) a non-resident who does not have a permanent establishment in India; or

(ii) a person who is not required to furnish the returnof income for the assessment year relevant to the said previous year and is notified by the Central Government in the Official Gazette in this behalf.]

Notes-

1. Inserted by Finance Act, 2021 Dated 28.03.2021 w.e.f 01.07.2021

2.Omitted by Finance Act, 2022 dated 30.03.2022 w.e.f. 01.04.2022

3. Substituted by Finance Act, 2022 dated 30.03.2022 w.e.f. 01.04.2022

In sub-section (3), for the portion beginning with the words-

filed the returns of income” and ending with the words “each of these two previous years.

The following shall be substituted-

“furnished the return of income for the assessment year relevant to the previous year immediately preceding the financial year in which tax is required to be collected, for which the time limit for furnishing the return of income under sub-section (1) of section 139 has expired and the aggregate of tax deducted at source and tax collected at source in his case is rupees fifty thousand or more in the said previous year:”

4. Substituted by the Finance Act, 2023 dated 01.02.2023 w.e.f 01.04.2023.

in sub-section (3), for the proviso-

Provided that the specified person shall not include a non-resident who does not have a permanent establishment in India. Explanation.––For the purposes of this sub-section, the expression "permanent establishment” includes a fixed place of business through which the business of the enterprise is wholly or partly carried on.]

the following proviso shall be substituted,namely:––

“Provided that the specified person shall not include––

(i) a non-resident who does not have a permanent establishment in India; or

(ii) a person who is not required to furnish the returnof income for the assessment year relevant to the said previous year and is notified by the Central Government in the Official Gazette in this behalf.”