Payment of tax and penalty

Payment of tax and penalty.- (1)

1. (a) The amount of tax,-
   • (i) due where returns have been furnished without full payment therefore ;
   • (ii) assessed for any period 1[x x x]1 less any sum already paid by the 2[proprietor or stockist]2 in respect of such period ;

² Substituted by Act 7 of 1997 w.e.f. 1.4.1997.

1. Omited by Act 10 of 1986 w.e.f. 31.3.1986.

1. (b) the amount of penalty, if any, levied 1[under this Act]1, shall be paid by the 2[proprietor or stockist]2 1[in such manner as may be prescribed and]1 by such date as may be specified in the notice issued by the 1[Luxury Tax Officer]1 for

¹ Substituted by Act 10 of 1986 w.e.f. 31.3.1986

² Substituted by Act 7 of 1997 w.e.f. 1.4.1997.

this purpose being a date not later than thirty days from the date of service of notice :

1[Proviso x x x]1

1. Omited by Act 7 of 1997 w.e.f. 143.1977.

1[(1A) If default is made in making payment in accordance with sub-section (1),-

1. (i) the whole of the amount towards tax or penalty out-standing on the date of default shall become immediately due and shall be a charge on the properties of the proprietor liable to pay such tax or penalty, and
2. (ii) the proprietor liable to pay such tax or penalty shall be liable to pay simple interest at two per cent of the amount of the tax or penalty due for each month or part thereof for the period for which the tax or penalty remains unpaid.]1 1[(2) Any tax or penalty which remains unpaid on the date specified in the notice of payment 2[x x x]2 shall be recoverable,- 1. Sub-section

¹ Inserted by Act 7 of 1997 w.e.f. 1.4.1997.

1. (2) Clause
   • (a) and
   • (b) Substituted by Act 10 of 1986 w.e.f. 31.3.1986.

2. Omited by Act 7of 1997 w.e.f. 1.4.1997.

1. (a) as if it were an arrear of land revenue ; or

1[(aa) by attachment and sale or by sale without attachment of any property of such

¹ Inserted by Act 7 of 1997 w.e.f. 1.4.1997.

proprietor or stockist or any other person by the Luxury Tax Officer or any prescribed officer in accordance with such rules as may be prescribed;]1

1. (b) on application to any magistrate by such magistrate, as it it were a fine imposed by him.]1 1[(3) Notwithstanding anything contained in sub-section (1-A), where the amount of penalty does not exceed five lakh rupees, the Commissioner and in other cases, the State Government, may, subject to such conditions as may be prescribed, remit the whole or any part of the penalty payable in respect of any period by any proprietor or stockist.]1

¹ Inserted by Act 7 of 1997 w.e.f. 1.4.1997.