(1) If, in relation to an assessment year referred to in sub-section (1) of section 3, any person who is liable to make a compulsory deposit [being a person falling under clause (a) or clause (b) of subsection (3) of section 4]— Penalty for failure to make compulsory deposit.(a) has failed to make the compulsory deposit within the time allowed under section 5, or
(b) has made the compulsory deposit within such time but the deposit so made falls short of the requisite amount, the Income-tax Officer shall, by order in writing, direct that such person shall pay, by way of penalty, a sum—
(i) which, in the case referred to in clause (a), shall be equal to twenty-five per cent, of the compulsory deposit which he is liablfe to make; and
(ii) which, in the case referred to in clause (b), shall be equal to twenty-five per cent, of the amount by which the compulsory deposit made by him falls short of the requisite amount.
(2) If, in relation to an assessment year referred to in sub-section
(1) of section 3, the correct income of a person falling under clause (c) of sub-section (3) of section 4, exceeds fifteen thousand rupees and such person—
(a) has failed to make the compulsory deposit within the time allowed under section 5, or
(b) has made the compulsory deposit within such time on the basis of his own estimate but the deposit so made is less than 492 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— seventy-five per cent, of the compulsory deposit which he would have been liable to make on the basis of his correct income, the Income-tax Officer shall, by order in writing, direct that such person shall pay by way of penalty a sum—
(i) which, in the case referred to in clause (a), shall be equal to twenty-five per cent, of the compulsory deposit calculated with reference to his correct income; and
(ii) which, in the case referred to in clause (b), shall be equal to twenty-five per cent, of the amount by which the compulsory deposit made by him falls short of the compulsory deposit calculated with reference to his correct income.
Explanation.—In this sub-section, "correct income" has the meaning assigned to it in sub-section (2) of section 6.
(?) No order imposing a penalty under this section shall be made against any person unless such person has been heard or has been given a reasonable opportunity of being heard.
11. Any depositor, aggrieved by any order of the Income-tax Officer imposing a penalty under section 10, may appeal to the Appellate Assistant Commissioner and the provisions of the Income-tax Act relating to appeals, reference and revision shall, so far as may be, apply in relation to such order as they apply in relation to an order of the Income>-tax Officer imposing a penalty under section 221 of that Act.
Appeals and revision,
12. Any arrear of compulsory deposit and any penalty imposed under this Ordinance shall be recoverable in the manner provided in Chapter XVH-D of the Income-tax Act for the recovery of arrears of tax.
Recovery of compul- GOry deposit and penalty.