Section 191 - Direct payment - Income-tax Act, 1961

Direct payment. 191. 1 [***] 4 [ 1. ] In the case of income in respect of which provision is not made under this Chapter for deducting income-tax at the time of payment, and in any case where income-tax has not been deducted in accordance with the provisions of this Chapter, income-tax shall be payable by the assessee direct. 2 [***] 5 [ (2) For the purposes of paying income-tax directly by the assessee under sub-section (1), if the income of the assessee in any assessment year, beginning on or after the 1st day of April, 2021, includes income of the nature specified in clause (vi) of sub-section (2) of section 17 and such specified security or sweat equity shares referred to in the said clause are allotted or transferred directly or indirectly by the current employer, being an eligible start-up referred to in section 80-IAC, the income-tax on such income shall be payable by the assessee within fourteen days- (i) after the expiry of forty-eight months from the end of the relevant assessment year; or (ii) from the date of the sale of such specified security or sweat equity share by the assessee; or (iii) from the date of the assessee ceasing to be the employee of the employer who allotted or transferred him such specified security or sweat equity share, whichever is the earliest. ] 3 [ Explanation .- For the removal of doubts, it is hereby declared that if 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 after so deducting fails to pay, or does not pay, the whole or any part of the tax, as required by or under this Act, and where the assessee has also failed to pay such tax directly, then, such person shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default within the meaning of sub-section (1) of section 201, in respect of such tax. ] ----------------------- Notes :- 1. (1) omitted by the Finance Act, 1965, w.e.f. 1-4-1965. 2. Sub-section (2) omitted by the Finance Act, 1965, w.e.f. 1-4-1965. 3. Substituted by Finance Act, 2008, w.e.f. 1-6-2003. Earlier it was inserted by the Finance Act, 2003, w.e.f. 1-6-2003. Before substitution it was read as under: Explanation . -For the removal of doubts, it is hereby declared that if any person referred to in section 200 and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does not deduct the whole or any part of the tax and such tax has not been paid by the assessee direct, then, such person, the principal officer and the company shall, without prejudice to any other consequences which he or it may incur, be deemed to be an assessee in default as referred to in sub-section (1) of section 201 in respect of such tax 4. Re-Numbered vide Finance Act, 2020 dated 27-03-2020 w.e.f. 01-04-2020 5. Inserted vide Finance Act, 2020 dated 27-03-2020 w.e.f. 01-04-2020