Income-tax Act, 1961 · Chapter XXI: Penalties Imposable
Section 271C: Penalty for failure to deduct tax at source
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
[[(1)] If any person fails to—
(a) deduct the whole or any part of the tax as required by or under the provisions of Chapter XVII-B; or
(b) pay the whole or any part of the tax as required by or under—
(i) sub-section (2) of section 115-O; or
(ii) the second proviso to section 194B, then, such person shall be liable to pay, by way of penalty, a sum equal to the amount of tax which such person failed to deduct or pay as aforesaid.] [(2) Any penalty imposable under sub-section (1) shall be imposed by the [Joint Commissioner].]
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 271C
- Brahma City Private Limited v. Joint Commissioner of Income Tax, Range 73
- Raheja Developers Limited v. Assistant Commissioner of Income Tax & Ors
- Countrywide Promoters Pvt. Ltd v. Commissioner of Income Tax (Tds)-1, Delhi & Anr
- One Point Reality Pvt Ltd v. Income Tax Officer, Ward 76(2) & Anr
- M/S Alpha Corp Development Pvt Ltd v. Assistant Commisisoner of Income Tax & Anr
- M/S One Point Reality Private Limited v. Income Tax Officer Ward 76(2), Delhi
- Raheja Developers Limited v. Assistant Commissioner of Income Tax Circle 78(1) Delhi and Ors
- Jagran Developers Pvt. Ltd v. National Faceless Assessment Centre
- M/S Vipul Sez Developers Pvt. Ltd v. Union of India & Ors
- One Height Colonizers Pvt. Ltd v. Income Tax Officer, Ward 76(2) & Anr
- M/S Ramprastha Estates Pvt. Ltd v. Union of India & Ors
- M/S Florentine Estates of India Ltd v. Union of India & Ors
- Chintels India Pvt Ltd v. Deputy Commissioner of Income Tax Circle 73(1), Delhi
- Ansal Properties and Infrastructure Ltd v. Dy Commissioner of Income Tax Circle 73(1)
- Natureville Promoters Private Limited v. Union of India & Ors
- M/S Omaxe Ltd v. Deputy Commissioner of Income Tax & Ors
- M/S Ramprastha Estates Pvt. Ltd v. Union of India & Ors
- Jagran Developers Pvt. Ltd v. National Faceless Assessment Centre
- Rps Infrastructure Limited v. Assistant Commissioner of Income Tax, Circle-78-1 & Anr
- M/S One Point Reality Private Limited v. Income Tax Officer Ward 76(2), Delhi
- Active Promoters Private Limited v. Income Tax Officer Ward 73(1), Delhi
- M/S Florentine Estates of India Ltd v. Union of India & Ors
- Benchmark Infotech Pvt Ltd v. Income Tax Officer Tds Ward73(3)
- Rps Infrastructure Limited v. Assistant Commissioner of Income Tax, Circle-78-1 & Anr
- Raheja Developers Limited v. Assistant Commissioner of Income Tax & Ors
- M/S Puri Construction Limited v. Union of India & Ors
- Rps Infrastructure Limited v. Assistant Commissioner of Income Tax, Circle-78, Tds-02
- Nova Realtors Pvt Ltd v. Income Tax Officer
- Puri Constructions Private Limited v. Additional Commissioner of & Ors
- M/S Ts Realtech Pvt. Ltd v. Union of India & Ors
- M/S Alpha Corp Development Pvt. Ltd v. Income Tax Officer & Anr
- M/S Vipul Sez Developers Pvt. Ltd v. Union of India & Ors
- Brahma City Private Limited v. Income Tax Officer Ward 73 3 Delhi & Anr
- M/S Us Technologies International Pvt. Ltd. v. The
- Singapore Airlines Ltd. v. C.I.T., Delhi
- M/S Hindustan Coca Cola Beverage Pvt. Ltd. v. Commissioner of Income Tax