Vidhi Codex

section 9

Consequences of failure to deduct or to pay tax.

The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975
Tax197541 sections
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Statutory text
  1. (1) If any employer (not being an officer of Government) 1[fails to pay the tax] as required by or under this Act, he shall without prejudice to any other consequence and liabilities which he may incur, be deemed to be an assessee in default in respect of the tax.
  2. (2) Without prejudice to the provisions of sub-section (1), 3 [1an employer referred to in that subsection shall be liable] to 2[pay by way of simple interest, in addition to the amount of such tax, a sum calculated at the prescribed rate on the amount of such tax, for each month or part thereof, after the last date by which he should have paid the tax.] 3[(2A) Where the amount of tax assessed under section 7 of as found payable in view of an order passed under section 13 or 14 is more than amount of tax paid by the employer, then such employee shall be liable to pay simple interest on the amount of difference of tax at the rate and in the manner laid down in sub-section (2).] (3) If an enrolled person fails to pay the tax as required by or under this Act, he shall be liable to pay simple interest at the rate and in the manner laid down in sub-section (2). 4[(3A) If a person, liable to get enrolled, fails to apply for certificate of enrolment within the period specified under this Act, he shall be liable to pay simple interest at the rate of 1.25 per cent. per month or part thereof of the amount of tax payable, from the 1st July of that year, till the date of payment of such tax, in addition to the amount of tax payable in respect of the year, for which he has remained unenrolled.] 5[(4) The Commissioner may, subject to such conditions and limitations as may be prescribed, and for reasons to be recorded in writing, remit the whole or any part of the interest payable in respect of any period under this section.]

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