Section 16B:
Interest for defaults in furnishing return of gifts.
1(1) Where a return of gifts for any
assessment year under sub-section (1) of section 13 or section 14, or in response to a notice under
clause (i) of sub-section (4) of section 15, is furnished after the 30th day of June of such year, or is not
furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or
part of a month comprised in the period commencing on the 1st day of July of the assessment year, and,—
(a) where the return is furnished after the 30th day of June ending on the date of furnishing of the
return; or
(b) where no return has been furnished, ending on the date of completion of the assessment under
sub-section (5) of section 15,
on the amount of tax payable on the taxable gifts as determined 2
under sub-section (1) of section 15 or
on regular assessment.
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Explanation 1.—In this sub-section, tax payable on the taxable gifts as determined under
sub-section (1) of section 15 shall not include the additional gift-tax, if any, payable under section 15.
Explanation 2.—Where in relation to an assessment year the assessment is made for the first time
under section 16, the assessment so made shall be regarded as a regular assessment for the purposes of
this section.
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Explanation 3.—In this sub-section, ―tax payable on the taxable gifts as determined under
sub-section (1) of section 15 or on regular assessment‖ shall, for the purposes of computing the interest
payable under section 14B, be deemed to be tax payable on the taxable gifts as declared in the return.
(2) The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under
section 14B towards the interest chargeable under this section.
(3) Where the return of gifts for any assessment year, required by a notice under sub-section (1) of
section 16 issued 2
after the determination of taxable gifts under sub-section (1) of section 15 or after the
completion of an assessment under sub-section (3) or sub-section (5) of section 15 or section 16, is
furnished after the expiry of the time allowed under such notice, or is not furnished, the assessee shall be
liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in
the period commencing on the day immediately following the expiry of the time allowed as aforesaid,
and,—
(a) where the return is furnished after the expiry of the time aforesaid, ending on the date of
furnishing the return; or
(b) where no return has been furnished, ending on the date of completion of the re-assessment
under section 16,
on the amount by which the tax on the taxable gifts determined on the basis of such re-assessment
exceeds the tax on the taxable gifts as determined 2
under sub-section (1) of section 15 or on the basis of
the earlier assessment aforesaid.
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(4) Where, as a result of an order under section 22 or section 23 or section 24 or section 26 or
section 28 or section 34, the amount of tax on which interest was payable under this section has been
increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and,—
(i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a
notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall
be deemed to be a notice under section 31 and the provisions of this Act shall apply accordingly, and
(ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.
(5) The provisions of this section shall apply in respect of assessments for the assessment year
commencing on the 1st day of April, 1989 and subsequent assessment years.
Notes:
1. Ins. by Act 4 of 1988, s. 173 (w.e.f. 1-4-1989).
2. Ins. by Act 3 of 1989, s. 85 (w.e.f. 1-4-1989).
3. Subs. by s. 85, ibid., for Explanation 1 (w.e.f. 1-4-1989).
4. The Explanation omitted by s. 85, ibid, (w.e.f. 1-4-1989).