Section 206CCA - Special provision for collection of tax at source for non-filers of income-tax return - Income-tax Act, 1961

1 [ Special provision for collection of tax at source for non-filers of income-tax return. 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 [ **** ] 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. 4 [ Provided that the rate of tax collection at source under this section shall not exceed twenty 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: ] 5 [ 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 return of 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. ] 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. ] ************ NOTES:- 1. Inserted vide THE FINANCE ACT, 2021 dated 28-03-2021 w.e.f. 01-07-2021 2. Omitted vide Finance Act, 2022 w.e.f. 01-04-2022 before it was read as (hereafter referred to as collectee) 3. Substituted vide Finance Act, 2022 w.e.f. 01-04-2022 before it was read as filed the returns of income for both of the two assessment years relevant to the two previous years immediately prior to the previous year in which tax is required to be collected, for which the time limit of filing 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 each of these two previous years: 4. Inserted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-07-2023 5. Substituted vide THE FINANCE ACT, 2023 dated 31-03-2023 w.e.f. 01-04-2023 before it was read as, Provided that the specified person shall not include a non-resident who does not have a permanent establishment in India.