The Jammu and Kashmir Agricultural Income Tax Act, 1962
Chapter IV RECOVERY OF TAX AND PENALTY
Chapter IV RECOVERY OF TAX AND PENALTY
17. Tax how payable
Tax how payable.--(1) The amount specified in any notice of demand under section 10 or in any order communicated under section 13 shall be payable in four equal instalments.
- (2) The first instalment shall be paid within one month of the service of the notice of demand or communication of the order, as the case may be, and each subsequent instalment within two months of the previous instalment.
- (3) If any instalment is not paid within the time allowed under subsection (2), the assessee shall be in default. Provided that when an assessee has presented an appeal under section 11, the appellate authority, on application, may, on such terms and conditions as he may specify, direct that the assessee shall be treated as not being in default.
Chapter IV RECOVERY OF TAX AND PENALTY
18. Penalty for default
Penalty for default.--(1) When an assessee is in default in making a payment of agricultural income tax, the assessing authority may, in his discretion, direct that, in addition to the amount of the arrears, a sum not exceeding one quarter of that amount shall be recovered from the assessee by way of penalty.
- (2) For the purposes of sub-section (I), the assessing authority may direct the recovery of any sum less than one quarter of the amount of the arrears and may enhance the sum so directed to be recovered from time to time in the case of a continuing default so that the total sum so directed to be recovered shall not exceed one quarter of the amount of the arrears payable.
Chapter IV RECOVERY OF TAX AND PENALTY
18A. Notice for payment of arrears of tax etc
1 [18-A. The Assessing authority may, at any time or from time to time, by notification in writing (copy of which shall be forwarded to the assessee at his last address known to the assessing authority), require any person from whom money is due or may become due to the assessee or any person who holds or may subsequently hold money for or on account of the assessee to pay the assessing authority either forthwith upon the money becoming due or being held at or within the time specified in the notice [not, being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due by the asaessee in respect of arrears of tax or fee or the whole of the money when it is equal to or less than the arrears of tax or fee.
- (2) The assessing authority may, at any time or from time to time, amend or revoke any such notice or extend the time for making any payment in pursuance of the notice.
- (3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the assessee and the receipt of the assessing authority shall constitute a good and sufficient discharge of the liability of sulh person to the extent of the amount referred to in the receipt.
- (4) Any person making any payment to the assessee after receipt of the notice referred to in this section shall be personally liable to the assessing authority to the extent of the payment made or to the extent of the liability of the assessee for the amount due under this Act, whichever is less.
- (5) Where any person to whom a notice under this section is sent objects to it on the ground that the swn demanded or any part thereof is not due by him to the assessee, or that he does not hold any money for or on account of the assessee, then nothing contained in this section shall be deemed to require such person to pay the sum demanded, or any part thereof, to the assessing authority.
- (6) Any amount which a person is required to pay to the assessing authority or for which he is personally liable to the assessing authority under this section shall, if it remains unpaid, be a charge on the properties of the said person and may be recovered as if it were an arrear of land revenue. Explanation.-For the purposes of this section, the amount due to an assessee or money held for or on account of any assessee by any person shall be computed after taking into account such claims, if any, as may have fallen due for payment by such assessee to such and as may be lawfully subsisting.
Chapter IV RECOVERY OF TAX AND PENALTY
19. Recovery of penalties and time for recovery of any sum payable under this Act
Recovery of penalties and time for recovery of any sum payable under this Act.-The Collector may, on the motion of the assessing authority, recover any sum imposed by way of penalty under the provisions of this Act or where an assessee is in default the amount assessed as agricultural income tax as if it were an arrears of land revenue.
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