,.
' r I Registered No.-768/97 ) .
THE ASSAM GAZETTE ~~'f EXTRAORDINARY ~~~~it~~ PUBLISHED BY AUTHO,RITY ~ 72-A Wo!91<{, 11~i1<11"1, 1 ~~ 1999, 11 '1iii, 1921 (lrfqr) No.72 Dispur, Tuesday, 1st June, 1999, 11th Jyaistha, 1921 (S.E.)
NOTIFICATION The 1st June, 1999 .
No.LGL.45/93/147.--The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XIII OF 1999 (Received the Assent of the Governor oh 29th May, 1999) THE ASSAM TAXATION LAWS (AMENDMENT) ACT, 1999.
Preamble.
AN ACT further to amend the Assam Taxation (On Specified Lands). Act, 1990 and the Assam Agricultural Income Tax Act, 1939.
Whereas it is expedient further to amend the Assam Assam Taxation (On Specified Lands) Act, 1990 and Act XII the Assam Agricultural Income Tax Act, 1939, in the of 1990 manner hereinafter appearing ; and Assam Act IX of It is hereby enacted in the Fiftieth Year of the 1939 · Republic of India as follows :- 538 IBE ASSAM GAZETTE. EXTRAORDINARY. JUNE 1. 1999 Short title, extent and commencement.
Insertion of new section
12A.
"Interest for delayed payment.
._i',· t, <)l Amendment of section 32.
1.(1) This Act may be called The Assam Taxation Laws (Amendment) Act, 1999.
(2) It shall have the like extent as the respective Assam .Acts namely - the Assam Taxation (On Specified ActXII I Lands) Act, 1990 and the Assam Agricultural Income of 1990 Tax Act, 1939. and Assam Act IX of
(3) It shall be deemed to have come into force on 1939.
thelst day of April, 1999.
CHAPTER - I Amendment to the Assam Taxation (On Specified Lands) Act, 1990 . .
2. In the Assam Taxation (On Specified Lands) Act, Assam 1990, after section 12, the following .shall be inserted Act-XII as section 12A, namely :- ' of 1990.
12A. If any owner does no_t pay the full amount of tax as per provision of this Act or the Rules made thereunder, by the date on which it falls due, simple interest at the tate of two percentum per mensem with effect from the 1 st day of the following month shall , ,be payable by him on the amount by which the tax paid falls short Of the tax payable. No interest under this section shall, however, be payable if the amount of tax is paid by the aforesaid due date is not less than ninety percentum of the tax payable."
CHAPTER-II Amendments to the Assam Agticultural Income Tax Act, 1939.
3. In the Assam Agticultural Income Tax Act, 1939, Assam hereinafter referred to as the principal Act, for the Act-IX existing section 32, the following shall be of 1939.
substituted, namely :- "32. Tax and interest to be calculated to the 1,. nearest multiple of rupees ten. -- In the determination of the amount of Ag.ricultural Income Tax, interest or a refund payable under this Act, if the amount is not a multiple of rupees ten, it shall be rounded off to the nearest multiple of ten rupees and, while calculating to achieve this purpose, if the total tax, interest or refund, as the case may be, contains a part of rupees ten which / THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 1. 1999 539 is amounting to rupees five or more, it shall be rounded off to the next higher multiple of rupees ten and, if such part is less than rupees five it shall be ignored."
4. In the principal Act, section 35B shall be deleted and Am~ndment of sections 35C, 35D, 35E, 35F, 350 and 35H shall be section 35. b d . 1 . 35B 35C 3 ~D renum ere respective y as sect10ns , , .) , 35E, 35F and 350.
Insertion of a 5. In the principal Act, after section 350 as new section renumbered, the following new section 35H shall be
35H. inserted, namely :- "35H. Interest for deferment of Advance tax.-- Where, in any financial year, the assessee, who is liable to pay advance tax under section 35 or 35A, has failed to pay such tax by the prescribed date, he shall be liable to pay simple interest at the rate of one and half percent per month with effect from the immediate next day of the day as prescribed for payment of advance tax for the respective quarter, on the unpaid amount by which the tax to be paid for that quarter falls short, till the date of full payment of such short fall :
Provided, however, that the provisions of this section shall apply only upto the end of the financial year, after which the provision of section 35C as renumbered, shall apply.
Am~nd~et of 6. In the principal Act, in section 36, in sub-section section · (2), the following proviso shall be inserted, namely:- "Provided that no order of imposition of penalty under this section shall be made unless the assessee has been heard or has been given a reasonable opportunity of being heard."
Amendment of 7. In the principal Act, in section 39, in sub-section section 39. (2), in the last line, for the words, "six percent per annum", the words "twelve percent per annum" shall be substituted.
Amendment of In the principal Act, section 39 A shall be deleted section 39A. and section 39B shall be renumbered as section 39A.
M. K. DEKA, Secretary to the Govt. of Assam, Legislative Department.
GUW AHA TI - Printed and published by the Dy. Director(P) Directorate of Ptg. & Sty., Assam, Guwahati-21(Ex-Gazette) No.143-600-1-6-99.