Section 391 — Direct payment
(1) The income-tax on any income shall be payable directly by the assessee
if—
( a) there is no provision under this Chapter to deduct income-tax on such
income at the time of payment; or
( b) income-tax has not been deducted as per the provisions of this Chapter.
(2) If an assessee has any income of the nature as specified in section 17(1)(d) and
such specified security or sweat equity shares are allotted or transferred directly or
indirectly by the current employer which is an eligible start-up referred to in section
140, then direct payment of tax for the purposes of sub-section (1) shall be made
in accordance with in section 289(3).
(3) Where any person, including the principal officer of the company,—
( a) who is required to deduct any sum as per the provisions of this Act;
or
( b) referred to in section 392(2)(a), 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 under this Act, and where the assessee has also failed to
pay such tax directly, then, such person shall, apart from any other consequences
that he may incur, be deemed to be an assessee in default within the meaning of
section 398(1), in respect of such tax.
B.—Deduction and collection at source
Related sections
- Section 390 — Deduction or collection at source and advance payment
- Section 392 — Salary and accumulated balance due to an employee
- Section 393 — Tax to be deducted at source
- Section 394 — Collection of tax at source
- Section 395 — Certificates
- Section 396 — Tax deducted is income received
- Section 397 — Compliance and reporting
- Section 398 — Consequences of failure to deduct or pay or, collect or pay
- Section 399 — Processing
- Section 400 — Power of Central Government to relax provisions of this Chapter
- Section 401 — Bar against direct demand on assessee
- Section 402 — Interpretation
- Section 403 — Liability for payment of advance tax
- Section 404 — Conditions of liability to pay advance tax
- Section 405 — Computation of advance tax
- Section 406 — Payment of advance tax by assessee on his own accord
- Section 407 — Payment of advance tax by assessee in pursuance of order of Assessing Officer
- Section 408 — Instalments of advance tax and due dates
- Section 409 — When assessee is deemed to be in default
- Section 410 — Credit for advance tax
- Section 411 — When tax payable and when assessee deemed in default
- Section 412 — Penalty payable when tax in default
- Section 413 — Certificate by Tax Recovery Officer and validity thereof
- Section 414 — Tax Recovery Officer by whom recovery is to be effected
- Section 415 — Stay of proceedings in pursuance of certificate and amendment or cancella-tion thereof
- Section 416 — Other modes of recovery
- Section 417 — Recovery through State Government
- Section 418 — Recovery of tax in pursuance of agreements with foreign countries
- Section 419 — Recovery of penalties, fine, interest and other sums
- Section 420 — Tax clearance certificate
- Section 421 — Recovery by suit or under other law not affected
- Section 422 — Recovery of tax arrear in respect of non-resident from his assets
- Section 423 — Interest for defaults in furnishing return of income
- Section 424 — Interest for defaults in payment of advance tax
- Section 425 — Interest for deferment of advance tax
- Section 426 — Interest on excess refund
- Section 427 — Fee for default in furnishing statements
- Section 428 — Fee for default in furnishing return of income, audited accounts and reports
- Section 429 — Fee for default relating to statement or certificate
- Section 430 — Fee for default relating to intimation of Aadhaar number