The Income-tax Act, 1961 · XVII — COLLECTION AND RECOVERY OF TAX

Section 204. Meaning of"person responsible for paying"

In force · As amended up to 2026-08

204. Meaning of"person responsible for paying". —For the purposes of[3] [the foregoing provisions of this Chapter] 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; (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; 4[(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[5] [authorised person] responsible for remitting such sum to the non-resident Indian or for crediting such sum to his Non-resident (External) Account maintained in accordance with[6] [the Foreign Exchange Management Act, 1999 (42 of 1999)], and any rules made thereunder;] 7 [ (iib) in the case of furnishing of information relating to payment to a non-resident, not being a company, or to a foreign company, of any sum, whether or not 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; ] (iii)[8] [in the case of credit, or, as the case may be, payment] of 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; 9[(iv) in the case of credit, or as the case may be, payment of any sum chargeable under the provisions of this Act made by or on behalf of the Central Government or the Government of a State, the drawing and disbursing officer or any other person, by whatever name called, responsible for crediting, or as the case may be, paying such sum.] 10[ Explanation. —For the purposes of this section,— (a) "non-resident Indian" and "foreign exchange asset" shall have the meanings assigned to them in Chapter XII-A; 11[(b) "authorised person" shall have the meaning assigned to it in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999).]] 1. Ins. by Act 23 of 2004, s. 46 (w.e.f. 1-4-2005). 2. Subs. by Act 21 of 2006, s. 45, for "1st day of April, 2005" (w.e.f. 1-4-2006). 3. Subs. by Act 23 of 2004, s. 47, for certain words, figures and letter (w.e.f. 1-10-2004). Earlier to amended by Act 20 of 1967, s. 30 (w.e.f. 1-4-1967). 4. Ins. by Act 23 of 1986, s. 32 (w.e.f. 1-6-1986). 5. Subs. by Act 17 of 2013, s. 50, for "authorized dealer" (w.e.f. 1-4-2013). 6. Subs. by s. 4, ibid ., for "the Foreign Exchange Regulation Act, 1973 (46 of 1973)" (w.e.f. 1-4-2013). 7. Ins. by Act 7 of 2017, s. 71 (w.e.f. 1-4-2017). 8. Subs. by Act 20 of 1967, s. 30, for "in the case of payment" (w.e.f. 1-4-1967). 9. Ins. by Act 23 of 2012, s. 80 (w.e.f. 1-7-2012). 10. Added by Act 23 of 1986, s. 32 (w.e.f. 1-6-1986). 11. Subs. by Act 17 of 2013, s. 50, for clause (b) (w.e.f. 1-4-2013).

Source: India Code

How this section changed

  1. substituted by Act 20 of 1967, s. 30

    In force from 1 Apr 1967

    Earlier wording: “in the case of payment”

    Footnote: 8. Subs. by Act 20 of 1967, s. 30, for "in the case of payment" (w.e.f. 1-4-1967).

  2. inserted by Act 23 of 1986, s. 32

    In force from 1 Jun 1986

    Footnote: 4. Ins. by Act 23 of 1986, s. 32 (w.e.f. 1-6-1986).

  3. inserted by Act 23 of 1986, s. 32

    In force from 1 Jun 1986

    Footnote: 10. Added by Act 23 of 1986, s. 32 (w.e.f. 1-6-1986).

  4. substituted by Act 23 of 2004, s. 47

    In force from 1 Oct 2004

    Footnote: 3. Subs. by Act 23 of 2004, s. 47, for certain words, figures and letter (w.e.f. 1-10-2004). Earlier to amended by Act 20 of 1967, s. 30 (w.e.f. 1-4-1967).

  5. inserted by Act 23 of 2012, s. 80

    In force from 1 Jul 2012

    Footnote: 9. Ins. by Act 23 of 2012, s. 80 (w.e.f. 1-7-2012).

  6. substituted by Act 17 of 2013, s. 50

    In force from 1 Apr 2013

    Earlier wording: “authorized dealer”

    Footnote: 5. Subs. by Act 17 of 2013, s. 50, for "authorized dealer" (w.e.f. 1-4-2013).

  7. substituted by Act 17 of 2013, s. 4

    In force from 1 Apr 2013

    Earlier wording: “the Foreign Exchange Regulation Act, 1973 (46 of 1973)”

    Footnote: 6. Subs. by s. 4, ibid ., for "the Foreign Exchange Regulation Act, 1973 (46 of 1973)" (w.e.f. 1-4-2013).

  8. substituted by Act 17 of 2013, s. 50

    In force from 1 Apr 2013

    Footnote: 11. Subs. by Act 17 of 2013, s. 50, for clause (b) (w.e.f. 1-4-2013).

  9. inserted by Act 7 of 2017, s. 71

    In force from 1 Apr 2017

    Footnote: 7. Ins. by Act 7 of 2017, s. 71 (w.e.f. 1-4-2017).