[DEMAND NOTICE AND PAYMENT OF TAX ETC.]
(1) The amount of any tax
assessed and the penalty imposed under this Act shall be paid by the dealer in
the manner prescribed within a period of thirty days from the date of service of notice of demand in
the prescribed form issued by the assessing authority for this purpose.
(2) A taxing authority who
is required to recover any dues under this Act from an assessee, if satisfied
that the assessee is unable to pay the whole of the amount due against him
within the time allowed to him for payment, it may, with the prior approval of
the officer incharge of the district by order in writing, extend the date of
payment of such dues or allow him to pay the same by instalments against an
adequate security or bank guarantee subject to payment of interest under the
provisions of section 23.
(3) The Commissioner or an
officer authorised by him in writing in this behalf, may, on an application
made to him, modify an order passed under sub‑section (2) or an order
passed by him under this sub‑section.
(4) Notwithstanding anything
contained in section 33, any order passed under sub‑section (2) or sub‑section
(3) shall not be appealable.
[INTEREST ON FAILURE TO PAY TAX OR
PENALTY]
(1) If any amount, specified
in a notice of demand issued under section 22, or directed to be deposited by
an order passed under this Act, whether as tax or penalty or both, is not paid
within a period of thirty days from the date of service of the notice or the
supply of the copy of the order to the assessee, as the case may be, then, he
shall be liable to pay in addition to the amount due from him simple interest
on such amount at one‑and-a‑half per cent per month if the payment
is made within ninety days but if the default continues thereafter, at three
per cent per month for the period from the last date for the payment of the
amount in time to the date he makes the payment:
Provided
that where the recovery of any tax or penalty is stayed by the High Court or
the Supreme Court, the amount of such tax or penalty shall be recoverable with
simple interest at one‑and‑a‑half per cent per month on the
amount ultimately found due for the period the stay of recovery of the arr ount
continued.
(2) The interest leviable
under this Act shall not exceed the amount of tax or penalty on the non‑payment
or late payment of which such interest is charged.
(3) For the purpose of
computation of interest payable under any provisions of this Act, rate of
interest per month shall mean the rate per thirty‑day period and interest
for any shorter period shall be calculated proportionately and where the amount
due on which interest is payable is paid in parts, the interest shall be
computed separately for each part.
Illustration: Rs. 15,000 payable as tax upto I
st June, 2003, are paid as follows: Rs.5,000 on 28th May, 2003, Rs.3,646 on
10th August, 2003, Rs.2,348 on 15th October, 2003 and Rs.4,006 on 20th
December, 2003, the interest payable on late payment shall be Rs. 1,256 (rounded
off), as shown below:
|
Amount |
Last
date for |
Actual
date |
Delay in |
Interest
payable |
|
paid |
payment
wi- |
of
payment |
number |
on late
payment |
|
|
thout
interest |
|
of days |
|
|
5,000 |
01-06-03 |
28-05-03 |
Nil |
Nil |
|
3,646 |
01-06-03 |
10-08-03 |
70 |
127.61 |
|
2,348 |
01-06-03 |
15-10-03 |
136 |
319.33, |
|
4,006 |
01-06-03 |
20-12-03 |
202 |
809.21 |
Total: 1,256.15
[SPECIAL PROVISIONS RELATING TO
DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES]
(1) The State Government
may, having regard to the effective recovery of tax, require in respect of
contractors or any other class or classes of dealers that any person making payment of any valuable
consideration to them for the execution of a works contract in the State
involving transfer of property in goods, whether as goods or in some other form
or for sale of goods in the State, as the case may be, shall, at the time of
making payment, whether by cash, adjustment, credit to the account, recovery of
dues or in any other manner, deduct tax in advance there from which shall be
calculated by multiplying the amount paid in any manner with such rate not
exceeding ten per cent, as the State Government may, by notification in the
Official Gazette, specify and different rates may be specified for different
works contracts or class or classes of dealers, and that such person shall keep
record, of the payments made and, of the tax deducted in advance there from,
for a period of five years from the close of the year when the payments were
made and shall produce such record before the prescribed authority when so
required for carrying out the purposes of this Act.
(2) The provisions of sub‑section
(1) shall not apply where the amount or the aggregate of the amounts paid or
likely to be paid during a year by any person to a dealer does not or is not
likely to exceed one lakh rupees or such other amount as may be prescribed.
(3) Every person who is
required to deduct tax in advance under subsection (1) shall furnish such
returns at such intervals by such dates in such manner to such authority as may
be prescribed and shall pay the tax deducted according to such returns to the
State Government in such manner as may be prescribed.
(4) Every person referred to
in sub‑section (3) shall issue to the payee a certificate of tax
deduction and payment in such form in such manner as may be prescribed.
(5) Any tax paid to the
State Government in accordance with sub‑section (3) shall be adjustable
by the payee, on the authority of the certificate issued to him under sub‑section
(4), with the tax payable by him under this Act and the assessing authority
shall, on furnishing of such certificate to it, allow the benefit of such
adjustment after due verification of the payment.
(6) If any person fails to
deduct the whole or any part of the tax as required by or under the provisions
of sub‑section (1), or fails to pay the whole or any part of the tax as
required by or under sub‑ section (3), then, the authority referred to in
sub‑section (3) may, at any time within five years of the close of the
year when he failed to do so, by order in writing, direct him, after giving him
a reasonable opportunity of being heard, to pay, by way of penalty, a sum equal
to the amount of tax which he failed to deduct or pay as aforesaid.
[SPECIAL PROVISIONS RELATING TO CASUAL
TRADERS]
(1) Notwithstanding anything
to the contrary contained in section 11, section 15 and section 28, a casual
trader shall, ‑
(a) at least three days
before commencing G4, G5, G6, R6 business in the State, inform the assessing
authority of such particulars of his business in such form and manner as may be
prescribed;
(b) deposit security in cash
as may be fixed by the assessing authority which shall not exceed estimated
liability to pay tax for seven days or such lesser period for which the casual
trader is conducting the business;
(c) pay tax daily on the sales made during
the previous day;
(d) furnish to the assessing
authority immediately after conclusion of his business in the State a return of
the business in the prescribed form and manner; and
(e) not issue any tax
invoice for sale of goods by him and no dealer to whom any goods are sold by
such dealer shall be entitled to any claim of input tax in respect of the sale
of such goods to him.
(2) The assessing authority
shall, after verification of information furnished to it under clause (a) of
sub‑section (1) and after getting security under clause (b) of that sub‑section,
allot a temporary registration number to the casual trader.
(3) The assessing authority
may, after allotting temporary registration number to a casual
trader, issue to him in limited number as per his genuine requirement, forms
for use as the declaration referred to in subsection (2) of section 31 for
bringing goods for sale in the State and for taking the goods left unsold. The
casual trader shall render complete account of the used forms and surrender the
unused forms with the return referred to in clause (d) of sub‑section
(1).
(4) The assessing authority
shall, after examination of, the return furnished to it by the casual trader
under clause (d) of sub‑section (1), the forms referred to in sub‑section
(3) and the accounts maintained by him including the sale invoices issued,
assess him to tax on the day when the return is received or as soon afterwards
as possible and after adjusting any tax due from him refund the balance amount
of security to him.
[AMOUNT DUE UNDER THIS ACT RECOVERABLE
AS ARREARS OF LAND REVENUE]
Any amount
due under this Act including the tax admitted to be due according to the
returns filed, which remains unpaid after the last date specified for payment,
shall be the first charge on the property of the defaulter and shall be
recoverable from him as if the same were arrears of land revenue.
[TRANSFER TO DEFRAUD REVENUE VOID]
Where any
person liable to pay any tax or other dues under this Act creates during the
period any proceedings under this Act are pending against him, a charge on, or
transfers, any immovable property belonging to him in favour of any other
person, such charge or transfer shall be void as against any claim in respect
of any tax or other dues payable by such person as a result of the completion
of the said proceedings unless he proves that such charge or transfer was not
with the intention of defrauding any such tax or other dues.