201. Consequences of failure to deduct or pay. -2[(1) Where any person, including the principal
officer of a company, -
(a)who is required to deduct any sum in accordance with the provisions of this Act; or (b)referred to in sub -section ( 1A) of section 192, being an employer,
does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as
required by or under this Act, then, such person, shall, without prejudice to any other consequences which
he may incur, be deemed to be an assessee in default in respect of such tax:
3[Provided that any person, including the principal officer of a company, who fails to deduct the
whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a
resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in
default in respect of such tax if such resident - (i)has fu rnished his return of income under section 139;