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Income-tax Act,1961

Act No : 43


Section : Meaning of "person responsible for paying"

204. Meaning of "person responsible for paying" For the purposes of 4[sections 192 to 194, section 194A 5[, section 194B] 6[, section 194BB] 7[, section 194C]] 8[, section 194D] 9[, section 194E], 10[section 194EE, section 194F, section 194G, section 194H,] 11[section 194-I,] 12 [section 194J, section 194K,] sections 195 to 203 and "section 285, the expression "person responsible for paying" means- (i) in the case of payments of income chargeable under the head "Salaries", other than payments by the Central Government or the Government of a State, the employer himself or, if the employer is a company, the company itself, including the principal officer thereof; ----------------------------------------------------------------------- 1 Substituted for ", and section 196B" by the Finance Act, 1992, w.e.f. 1-6-1992. 2 Substituted for "and section 196C" by the Finance Act, 1993, w.e.f. 1-6-1993. 3 Substituted for 'Income-tax' by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4 Substituted for "sections 192 to 203" by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967. 5 Inserted by the Finance Act, 1972, w.e.f. 1-4-1972. 6 Inserted by the Finance Act, 1978, w.e.f. 1-4-1978. 7 Inserted by the Finance Act, 1972, w.e.f. 1-4-1972. 8 Inserted by the Finance Act, 1973, w.e.f. 1-4-1973. 9 Inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-11-1989. 10 Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. 11 Inserted by the Finance Act, 1994, w.e.f. 1-6-1994. 12 Inserted by the Finance Act, 1995, w.e.f. 1-7-199.5. 13 Section 285 has been omitted by the Finance Act, 1987, w.e.f. 1-6-1987 but the reference continues here. ----------------------------------------------------------------------- 1.642 (ii) in the case of payments of income chargeable under the head "Interest on securities", other than payments made by or on behalf of the Central Government or the Government of a State, the local authority, corporation or company, including the principal officer thereof; 1[(iia)in the case of any sum payable to a non-resident Indian, being any sum representing consideration for the transfer by him of any foreign exchange asset, which is not a short-term capital asset, the authorised dealer responsible for remitting such sum to the nonresident Indian or for crediting such sum to his Non-resident (External) Account maintained in accordance with the Foreign Exchange Regulation Act, 1973 (46 of 1973) and any rules made thereunder;] (iii) 2[in the case of credit or, as the case may be, payment] or any other sum chargeable under the provisions of this Act, the payer himself, or, if the payer is a company, the company itself including the principal officer thereof. 3[Explanation.-For the purposes of this section,- (a) "non-resident Indian" and "foreign exchange asset" shall have the meanings assigned to them in Chapter XIIA; (b) "authorised dealer" shall have the meaning assigned to it in clause (b)of section 2 of the Foreign Exchange Regulation Act, 19734 (46 of 1973).]


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