Payment of tax in advance

Payment of tax in advance.-

1. (1) Every employer registered under this Act, shall furnish to the assessing authority within twenty days of the expiry of a month, a statement in the prescribed form, showing therein the salary and wages paid by him and the amount of tax deducted by him in respect thereof during the month immediately preceding that month. 1 [ Provided that where the amount of tax deducted in a month is not more than rupees five thousand, the registered employer shall furnish such statement within twenty days of expiry of a quarter showing therein the salary and wages paid by him and the amount of tax deducted by him in respect thereof during the immediately preceding that quarter. Explanation.- For the purpose of this proviso, "quarter" means the period of three months ending on 31st day of May, 31st day of August, 30th day of November and 28th day or 29th day of February] 1
2. (2) Every such statement shall be accompanied by a treasury challan in

¹ Inserted by Act 5 of 1996 w.e.f. 1.4.1996.

proof of payment of the full amount of tax due according to the statement,

and a statement without such proof of payment shall not be deemed to have been duly filed and the amount so payable shall for the purposes of section 11 and section 13 be deemed to be tax due under this Act from such employer.

1. (3) If no such statement is submitted by any employer under sub-section
2. (1) before the date specified therein or if the statement submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority may assess the employer provisionally for that month 1 [or for that quarter, as the case may be] 1 to the best of his judgement, recording the reasons for such assessment and proceed to demand and collect the tax on the basis of such assessment: Provided that before taking action under sub-section 1 [(3)] 1 the employer shall be given an opportunity of being heard.] 1

¹ Inserted by Act 5 of 1996 w.e.f. 1.4.1996

¹ Substituted by Act 5 of 1996 w.e.f. 1.4.1996