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 48[or ensure payment of,] the whole or any part of the tax as required by or under—
(i) sub-section (2) of section 115-O; 49[***]
(ii) the 50[***] proviso to section 194B;
51[(iii) the first proviso to sub-section (1) of section 194R; or*
(iv) the proviso to sub-section (1) of section 194S; or*]
52[(v) sub-section (2) of section 194BA†,]
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 51[or ensure payment of,] as aforesaid.
(2) Any penalty imposable under sub-section (1) shall be imposed by the Joint Commissioner.
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