(1) If any amount, specified in a notice of demand issued under section 22, or directed to be deposited by an order passed under this Act, whether as tax or penalty or both, is not paid within a period of thirty days from the date of service of the notice or the supply of the copy of the order to the assessee, as the case may be, then, he shall be liable to pay in addition to the amount due from him simple interest on such amount at one -and -a -half per cent per month if the payment is made within ninety days but if the default continues thereafter, at three per cent per month for the period from the last date for the payment of the amount in time to the date he makes the payment:
Provided that where the recovery of any tax or penalty is stayed by the High Court or the Supreme Court, the amount of such tax or penalty shall be recoverable with simple interest at one -and -a -half per cent per month on the amount ultimately found due for the period the stay of recovery of the amount continued.
HARYANA GOVT. GAZ. (EXTRA.), MARCH 28. 2003 95 (-CHTR. 7, 1925 SAKA)
(2) The interest leviable under this Act shall not exceed the amount of tax or penalty on the non-paYment or late payment of which such interest is charged.
(3) For the purpose of computation of interest payable under any provisions of this Act, rate of interest per month shall mean the rate per thirty -day period and interest for any shorter period shall be calculated proportionately and where the amount due on which interest is payable is paid in parts, the interest shall be computed separately for each part.
Illustration:— Rs.15,000 payable as tax upto 1" June. 2003, are paid as follows: Rs.5.000 on 28" May, 2003, Rs.3,646 on 101 August, 2003, Rs.2,348 on 15"1 October. 2003 and Rs.4,006 on 2041December, 2003, the interest payable on late payment shall be Rs.1,256 (rounded off), as shown below:— Amount paid Last date for payment without interest Actual date of payment Delay in number of days Interest payable on late payment 5,000 3,646 2,348 4,006 01-06-03 01-06-03 01-06-03 01-06-03 28-05-03 Nil 10-08-03 70 15-10-03 136 20-12-03 202 Nil
127.61
319.33
809.21 • Total: 1,256.15
24. (I) The State Government may, having regard to the effective recovery of tax, require in respect of contractors or any other class or classes of dealers that any person making payment of any valuable consideration tb them for the execution of a works contract in the State involving transfer of property in goods, whether as goods or in some other form or for sale of goods in the State, as the case may be, shall, at the time of making payment, whether by cash, adjustment, credit to the account, recovery of dues or in any other manner, deduct tax in advance therefrom which shall be calculated by multiplying the amount paid in any manner with such rate not exceeding ten per cent, as the State Government may, by notification in the Official Gazette, specify and different rates may he specified for different works contracts or class or classes of dealers, and that such person shall keep record, of the payments made and, of the tax deducted in advance therefrom, for a period of five years from the close of the year when the payments were made and shall produce such record before the prescribed authority when so required for carrying out the purposes of this Act.
(2) The provisions of sub -section (1) shall not apply where the amount or the aggregate of the amounts paid or likely to be paid during a year by any person to a dealer does not or is not likely to exceed one lakh rupees or such other amount as may be prescribed.
Special provisions relating to, deduction of tax at source in certain cases.
SpcL:lalpro ,,,INJOIN reiatmg to ;.asuaii d r 96 HARYANA GOVT. GAZ. (EXTRA.). MARCH 28. 2003 (CHTR. 7, 1925 SAKA) t3) Every person who is required to deduct tax in advance under sub -section (1) shalt furnish such returns at such intervals by such dates in such manner to such authority as may be prescribed and shall pay the tax deducted according to such returns to the State Government in such manner as may be prescribed.
(4) Every person referred to in sub -section (3) shall issue to the payee a certificate of tax deduction and payment in such form in such manner as may be prescribed.
(5) Any tax paid to the State Government in accordance with sub -section (3) shall he adjustable by the payee, on the authority of the certificate issued to him under sub -section (4), with the tax payable by him under this Act and the assessing authority shall, on furnishing of such certificate to it, allow the benefit of such adjustment after due verification of the payment.
(6) If any person fails to deduct the whole or any part of the tax as required by or under the provisions of sub -section (1), or fails to pay the whole or any part of the tax as required by or under sub -section (3), then, the authority referred to in sub -section (3) may. at any time within five years of the close of the year when he failed to do so, by order in writing, direct him, after giving him a reasonable opportunity of being heard. to pay. by way of penalty, a sum equal to the amount of tax which he failed to deduct or pay as aforesaid.
25, (1) Notwithstanding anything to the contrary contained in section I section 15 and section 28, a casual trader shall, —
(a) at least three days before commencing business in the State, inform the assessing authority of such particulars of his business in such form and manner as may be prescribed;
(b) deposit security in cash as may be fixed by the assessing authority which shall not exceed estimated liability to pay tax for seven days or such lesser period for which the casual trader is conducting the business;
(c) pay tax daily on the sales made during the previous day;
(d) furnish to the assessing authority immediately after conclusion of his business in the State a return of the business in the prescribed form and manner; and
(e) not issue any tax invoice for sale of goods by him and no dealer to whom any goods are sold by such dealer shall be entitled to any claim of input tax in respect of the sale of such goods to him.
(2) The assessing authority shall, after verification of information furnished to it under clause (a) of sub -section (1) and after getting security under clause (b) of that sub -section, allot a temporary registration number to the casual trader.
HARYANA GOVT. GAZ. (EXTRA.), MARCH 28, 2003 97 (CHTR. 7, 1925 SAKA)
(3) The assessing authority may, after allotting temporary registration number to a casual trader, issue to him in limited number as per his genuine requirement, forms for use as the declaration referred to in sub -section (2) of section 31 for bringing goods for sale in the State and for taking the goods left unsold. The casual trader shall render complete account of the used forms and surrender the unused forms with the return referred to in clause (d) of sub -section (1).
(4) The assessing authority shall, after examination of, the return furnished to it by the casual trader under clause (d) of sub -section (1), the forms referred to in sub -section (3) and the accounts maintained by him including the sale invoices issued, assess him to tax on the day when the return is received or as soon afterwards as possible and after adjusting any tax due from him refund the balance amount of security to him.
26. Any amount due under this Act including the tax admitted to be due according to the returns filed, which remains unpaid after the last date specified for payment, shall be the first charge on the property of the defaulter and shall be recoverable from him as if the same were arrears of land revenue.
27. Where any person liable to pay any tax or other dues under this Act creates during the period any proceedings under this Act are pending against him, a charge on, or transfers, any immovable property belonging to him in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or other dues payable by such person as a result of the completion of the said proceedings unless he proves that such charge or transfer was not with the intention of defrauding any such tax or other dues.
Chapter -VI Maintenance of accounts, Inspection of business premises, Survey, Checking of goods in transit, Furnishing of information by clearing and forwarding agents.