Ordinance No. XXXVI of 1984 এর sections 73 এবং 73A এর প্রতিস্থাপন
৪৫। উক্ত Ordinance এর section 73 এর পরিবর্তে নিম্নরূপ sections 73 এবং 73A প্রতিস্থাপিত হইবে, যথা:-
“73. Interest payable by the assessee on deficiency in payment of advance tax.-(1) Where in any financial year advance tax paid by an assessee together with the tax deducted or collected at source, if any, under this Chapter is less than seventy-five percent (75%) of the amount of tax payable by him as determined on regular assessment, the assessee shall pay, in addition to the balance of tax payable by him, simple interest at the rate of ten percent (10%) per annum on the amount by which the tax so paid, deducted and collected falls short of the seventy five percent (75%) of the assessed tax:
Provided that the rate of interest shall be fifty percent (50%) higher if the return is not filed on or before the Tax Day.
(2) The period for which the interest under sub-section (1) is payable shall be the period from the first day of July next following the financial year in which the advance tax was applicable to the date of regular assessment in respect of the income of that year or a period of two years from the said first day of July, whichever is shorter.
(3) Notwithstanding anything contained in sub-sections (1) and (2), where-
(a) tax is paid under section 74; or
(b) provisional assessment has been made under section 81 but regular assessment has not been made, the simple interest shall be calculated in accordance with the following provisions-
(i) up to the date or dates on which tax under section 74 or as provisionally assessed, was paid;
(ii) thereafter, such simple interest shall be calculated on the amount by which the tax so paid falls short of the said seventy five percent (75%) of the assessed tax.
(4) Where as a result of appeal, revision or reference the amount on which interest was payable under sub-section (1) has been reduced, the amount of interest payable shall be reduced accordingly and the excess interest paid, if any, shall be refunded together with the amount of tax that is refundable.
Explanation.-For the removal of doubts, it is hereby declared that in this section, “regular assessment” includes an assessment under section 82BB(3).
73A. Delay Interest for not filing return on or before the Tax Day.-(1) Where an assessee is required to file a return of income for an assessment year under section 75 and fails to file the same before the expiry of the Tax Day, the assessee shall, without prejudice to any other consequences to which he may be liable to, pay a delay interest at the rate of two percent (2%) per month on the difference between the tax assessed on total income for the assessment year and the tax paid in advance for the assessment year including the tax deducted or collected at source;
Explanation.-In this section, the expression “tax assessed on total income” as mentioned in clause (a) of sub-section (1) means-
(i) where the return is subject to assessment under section 82BB, tax on total income under sub-section (1) or sub-section (2) or sub-section (3), whichever is higher.
(ii) where the return is not subject to assessment under section 82BB, tax on total income as assessed by the Deputy Commissioner of Taxes.
(2) The delay interest under sub-section (1) shall be calculated for a period from the first day immediately following the Tax Day to-
(a) where the return is filed, the date of filing the return;
(b) where the return is not filed, the date of regular assessment:
Provided that the period for calculating delay interest under this section shall not exceed one year:
Provided further that the delay interest under this section shall not be payable by an assessee for whom the proviso of sub-section (5) of section 75 applies.” ।