top of page

Income Tax Act 1961 Section 279A

Income Tax Act, 1961 Section 279A defines 'specified person' for TDS and TCS provisions under the Act.

Income Tax Act Section 279A defines the term 'specified person' used in various TDS (Tax Deducted at Source) and TCS (Tax Collected at Source) provisions. This section clarifies who qualifies as a specified person, which is essential for compliance with withholding tax obligations.

Understanding Section 279A is crucial for taxpayers, professionals, and businesses to correctly identify parties responsible for deducting or collecting tax. It ensures proper tax administration and avoids penalties for non-compliance.

Income Tax Act Section 279A – Exact Provision

This section empowers the Central Government to notify individuals, companies, firms, or other entities as 'specified persons'. These specified persons have particular responsibilities under the Income Tax Act, especially related to TDS and TCS compliance.

  • Defines 'specified person' by government notification.

  • Applies to entities responsible for TDS/TCS.

  • Enables targeted tax compliance enforcement.

  • Flexible to include various persons or classes.

Explanation of Income Tax Act Section 279A

Section 279A allows the government to designate persons liable for tax deduction or collection.

  • States that 'specified person' is notified by the Central Government.

  • Applies to individuals, companies, firms, or other entities.

  • Targets persons responsible for deducting or collecting tax at source.

  • Triggers compliance duties for notified persons.

  • Ensures clarity on who must comply with TDS/TCS provisions.

Purpose and Rationale of Income Tax Act Section 279A

This section helps the government identify and notify persons responsible for deducting or collecting tax, ensuring effective tax administration and compliance.

  • Ensures fair and efficient tax collection.

  • Prevents tax evasion through clear responsibility.

  • Encourages compliance by defining liable persons.

  • Supports revenue collection by expanding the tax base.

When Income Tax Act Section 279A Applies

Section 279A applies whenever the government issues notifications specifying persons liable for TDS or TCS obligations.

  • Relevant in any financial year when notification is issued.

  • Applies to transactions requiring tax deduction or collection.

  • Impacts persons notified as 'specified persons'.

  • May vary by type of transaction or person class.

Tax Treatment and Legal Effect under Income Tax Act Section 279A

By defining 'specified person', this section determines who must deduct or collect tax at source. It affects the computation of taxable income by ensuring tax is collected timely and correctly.

The notification under Section 279A interacts with other TDS/TCS provisions, triggering compliance duties and tax liabilities for notified persons.

  • Creates withholding tax obligations for specified persons.

  • Ensures tax collection at source on applicable transactions.

  • Supports accurate income computation by deducting tax upfront.

Nature of Obligation or Benefit under Income Tax Act Section 279A

This section imposes a compliance obligation on notified persons to deduct or collect tax at source. It does not provide exemptions or deductions but clarifies who must comply.

Specified persons have mandatory duties; failure may attract penalties.

  • Creates mandatory compliance duty.

  • Applies to notified persons only.

  • Does not confer direct tax benefits.

  • Ensures accountability in tax deduction/collection.

Stage of Tax Process Where Section Applies

Section 279A applies at the stage of tax deduction or collection at source, before income accrual or receipt by the payee.

  • During deduction or collection of tax at source.

  • Before payment or credit of income.

  • Prior to filing of tax returns by deductor/collector.

  • Relevant for assessment and compliance checks.

Penalties, Interest, or Consequences under Income Tax Act Section 279A

Non-compliance by specified persons in TDS/TCS duties can lead to penalties, interest on delayed payments, and prosecution under the Act.

  • Interest on late deduction or deposit of tax.

  • Penalties for failure to deduct or collect tax.

  • Prosecution in severe cases of default.

  • Consequences include disallowance of expenses.

Example of Income Tax Act Section 279A in Practical Use

Assessee X is a company notified as a 'specified person' under Section 279A. It must deduct TDS on payments to contractors. Failure to do so results in interest and penalties. This ensures Assessee X complies with withholding tax rules, supporting government revenue collection.

  • Clarifies who must deduct tax at source.

  • Ensures timely tax collection on payments.

Historical Background of Income Tax Act Section 279A

Section 279A was introduced to empower the government to specify persons liable for TDS/TCS, enhancing tax compliance. Over time, amendments expanded the scope of specified persons to cover new entities and transactions.

  • Introduced to define 'specified person' for TDS/TCS.

  • Amended to include diverse entities over years.

  • Judicial interpretations clarified scope and application.

Modern Relevance of Income Tax Act Section 279A

In 2026, Section 279A remains vital for digital tax compliance, including TDS/TCS returns and faceless assessments. It helps identify responsible persons in a growing economy with complex transactions.

  • Supports digital filing and compliance systems.

  • Enables targeted tax administration.

  • Essential for businesses and professionals today.

Related Sections

  • Income Tax Act Section 192 – TDS on salary.

  • Income Tax Act Section 194C – TDS on contract payments.

  • Income Tax Act Section 206C – TCS provisions.

  • Income Tax Act Section 200 – Responsibility of deductor.

  • Income Tax Act Section 271C – Penalty for failure to deduct TDS.

  • Income Tax Act Section 273B – Waiver of penalty.

Case References under Income Tax Act Section 279A

No landmark case directly interprets this section as of 2026.

Key Facts Summary for Income Tax Act Section 279A

  • Section: 279A

  • Title: Definition of Specified Person

  • Category: TDS/TCS compliance

  • Applies To: Individuals, companies, firms notified by government

  • Tax Impact: Identifies persons liable for tax deduction/collection

  • Compliance Requirement: Mandatory for notified persons

  • Related Forms/Returns: TDS/TCS returns (Form 26Q, 27Q, etc.)

Conclusion on Income Tax Act Section 279A

Section 279A plays a foundational role in the Income Tax Act by defining 'specified person' for withholding tax purposes. This clarity enables the government to enforce TDS and TCS provisions effectively, ensuring timely tax collection.

For taxpayers and businesses, understanding this section is essential to identify who must comply with tax deduction or collection duties. Proper adherence avoids penalties and supports smooth tax administration.

FAQs on Income Tax Act Section 279A

What does 'specified person' mean under Section 279A?

It means a person or class of persons notified by the government who must deduct or collect tax at source under the Income Tax Act.

Who can be notified as a specified person?

The Central Government can notify individuals, companies, firms, or any class of persons as specified persons for TDS/TCS obligations.

Is Section 279A applicable to all taxpayers?

No, it applies only to those persons or classes notified by the government as specified persons under this section.

What happens if a specified person fails to deduct tax?

They may face interest, penalties, and prosecution for non-compliance under the Income Tax Act.

How does Section 279A affect tax compliance?

It clarifies who must deduct or collect tax at source, ensuring proper tax administration and reducing evasion.

Related Sections

Companies Act 2013 Section 276 details penalties for offences under the Act, ensuring corporate compliance and accountability.

Day trading is legal in India with regulations by SEBI and specific rules for brokers and traders.

CrPC Section 358 details the procedure for release of accused on bail or bond after arrest or detention.

Income Tax Act Section 62 deals with taxation of income from transfer of shares in closely held companies.

Batons are conditionally legal in India, allowed for self-defense with restrictions and licenses under the Arms Act.

Consumer Protection Act 2019 Section 2(14) defines 'defect' in goods, crucial for consumer rights and product liability claims.

Understand the legality of data mining in India, including laws, restrictions, and enforcement practices.

Negotiable Instruments Act, 1881 Section 146 defines the term 'holder in due course' and its significance in negotiable instruments law.

Income Tax Act, 1961 Section 115BBD provides concessional tax rates on dividends received by domestic companies from specified foreign companies.

Unregistered wills are legal in India if they meet certain conditions under the Indian Succession Act.

Alexandrine parrots are conditionally legal in India with permits under wildlife laws.

Negotiable Instruments Act, 1881 Section 142 defines offences by companies for cheque dishonour and liability of officers responsible.

Negotiable Instruments Act, 1881 Section 18 defines the holder in due course and their rights under the Act.

CrPC Section 420 defines the offence of cheating and dishonestly inducing delivery of property under Indian law.

Companies Act 2013 Section 395 governs the power of the Central Government to appoint inspectors for company investigations.

Section 153A of the Income Tax Act 1961 allows income tax authorities to conduct searches and reassess income in India.

Section 171 of the Income Tax Act 1961 deals with the taxation of undisclosed income in India.

Companies Act 2013 Section 49 governs the authentication of documents by companies, ensuring valid execution and legal compliance.

Negotiable Instruments Act, 1881 Section 7 defines the term 'holder' and explains who qualifies as a holder of a negotiable instrument.

IPC Section 266 addresses public nuisance by unlawfully obstructing a public way, ensuring free passage and public safety.

IPC Section 37 defines the punishment for attempts to commit offences punishable with death or life imprisonment.

Section 183 of the Income Tax Act 1961 deals with penalties for failure to furnish information or documents in India.

Companies Act 2013 Section 169 governs the removal of directors by members of a company.

IPC Section 16 defines 'Judge' for legal clarity in Indian Penal Code, ensuring proper identification of judicial authority.

IPC Section 104 defines the offence of abetment of suicide of a child or insane person, outlining liability and punishment.

Buying potassium nitrate in India is legal with restrictions; it is regulated due to its use in explosives and fertilizers.

Companies Act 2013 Section 324 governs the appointment of inspectors to investigate company affairs.

bottom of page