When penalty under Section 276B shall be imposed?

Ans. Prosecution under Section 276B shall be launched if any of the following defaults are committed:

​a. Failure to deduct tax at source (whole or partly);

b. Failure to pay dividend distribution tax;

c. Failure to pay or ensure payment of tax in respect of the winnings in kind, whether wholly or partly, where the cash part is not sufficient to meet the liability for deduction of tax in respect of whole winnings as referred to in Section 194B;

d. Failure to ensure payment of tax in respect of the winnings from the online game in kind, whether wholly or partly, where cash part is not sufficient to meet the liability for deduction of tax in respect of whole winnings from online games as referred to in Section 194BA;

e. Failure to ensure payment of tax in respect of the benefit or perquisite in kind, whether wholly or partly, where cash part is not sufficient to meet the liability for deduction of tax in respect of the whole of such benefit or perquisite as referred to in Section 194R;

f. Failure to ensure payment of tax in respect of the consideration for transfer of virtual digital asset (VDA) in kind, whether wholly or partly, where cash part is not sufficient to meet the liability for deduction of tax in respect of such consideration for the transfer of VDA as referred to in Section 194S.​​