Penalty for non deducting of TDS

Section 271C of the Income Tax Act: Penalty for failure to deduct tax at source

(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 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.