13[Failure to furnish returns of income.
276CC. If a person wilfully fails to furnish in due time 14[the return of fringe benefits which he is
required to furnish under sub-section (1) of section
115WD or by notice given under sub-section (2) of the said section or section 115WH or] the return of income which he is
required to furnish under sub-section (1) of section
139 or by notice given under 15[clause (i) of sub-section (1) of section
142] or section 148 16[or section 153A],
he shall be punishable,—
(i) in a case where the amount of tax, which
would have been evaded if the failure had not been discovered17, exceeds one 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 imprisonment for a
term which shall not be less than three months but which may extend to three
years and with fine:
Provided that a person shall not be proceeded against under this section for
failure to furnish in due time the 18[return of fringe benefits under sub-section (1) of section 115WD or] return of income under
sub-section (1) of section 139—
(i) for any assessment year commencing prior to
the 1st day of April, 1975; or
(ii) for any assessment year commencing on or
after the 1st day of April, 1975, if—
(a) the return is furnished by him before the
expiry of the assessment year; or
(b) the tax payable by him on the total income
determined on regular assessment, as reduced by the advance tax, if any, paid,
and any tax deducted at source, does not exceed three thousand rupees.]
