Home Acts & Rules Income Tax Act Income-tax Act, 1961 Chapters List Chapter XXII OFFENCES AND PROSECUTIONS This
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Section 276C - Wilful attempt to evade tax, etc. - Income-tax Act, 1961Extract 1 [Wilful attempt to evade tax, etc. 276C. (1) If a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or 4 [imposable, or under reports his income,] under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable,- ( i ) in a case where the amount sought to be evaded 5 [or tax on under-reported income] exceeds 2 [ twenty-five hundred thousand rupees ] , with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; ( ii ) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to 3 [ two years ] and with fine. (2) If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to 3 [ two years ] and shall, in the discretion of the court, also be liable to fine. Explanation. -For the purposes of this section, a wilful attempt to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof shall include a case where any person. ( i ) has in his possession or control any books of account or other documents (being books of account or other documents relevant to any proceeding under this Act) containing a false entry or statement; or ( ii ) makes or causes to be made any false entry or statement in such books of account or other documents; or ( iii ) wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or ( iv ) causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof.] ------------------------- Notes :- 1. Substituted for section 276C by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975. Original section 276C was inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 2. Substituted by the Finance Act, 2012.w.e.f. 01-07-2012, before it was read as:- one hundred thousand rupees 3. Substituted by the Finance Act, 2012.w.e.f. 01-07-2012, before it was read as:- three years 4. Substituted vide THE FINANCE ACT, 2016 w.e.f. 1st day of April, 2017, before it was read as, inposable 5. Inserted vide THE FINANCE ACT, 2016 w.e.f. 1st day of April, 2017.
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