8[Interest for defaults in furnishing return of net wealth.
17B. (1) Where the return of net wealth for any
assessment year under sub-section (1) of section 14 or section 15, or in
response to a notice under clause (i) of sub-section (4) of section 16,
is furnished after the due date, or is not furnished, the assessee shall be
liable to pay simple interest at the rate of 9[one] per cent for every month or part of a month
comprised in the period commencing on the date immediately following the due
date, and,—
(a) where the return is furnished after the due date, 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 16,
on the amount of tax payable on the net wealth as determined 10[under sub-section (1) of section 16 or] on
regular assessment.
Explanation 1.—In this
section, “due date” means the date specified in sub-section (1) of section 14
as applicable in the case of the assessee.
11[Explanation 2.—In this sub-section, “tax payable on the net
wealth as determined under sub-section (1) of section 16” shall not include the
additional wealth-tax, if any, payable under section 16.]
Explanation 3.—Where,
in relation to an assessment year, an assessment is made for the first time
under section 17, the assessment so made shall be regarded as a regular
assessment for the purposes of this section.
12[Explanation 4.—In this sub-section, “tax payable on the net
wealth as determined under sub-section (1) of section 16 or on regular
assessment” shall, for the purposes of computing the interest payable under
section 15B, be deemed to be tax payable on the net wealth as declared in the
return.]
(2) The interest payable under sub-section (1) shall be reduced by the
interest, if any, paid under section 15B towards the interest chargeable under
this section.
(3) Where the return of net wealth for any assessment year, required by
a notice under sub-section (1) of section 17, issued 12[after the determination of net wealth under
sub-section (1) of section 16 or] after the completion of an assessment under
sub-section (3) or sub-section (5) of section 16 or section 17, 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 13[one] 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 reassessment under section 17,
on the amount by which the tax on the net wealth determined on the basis
of such reassessment exceeds the tax on the net wealth as determined 14[under sub-section (1) of section 16 or] on
the basis of the earlier assessment aforesaid.
Explanation.— 15[***]
(4) Where, as a result of an order under section 23 or
section 24 or section 25 or section 27 or section 29 or section 35 or any order
of the Wealth-tax Settlement Commission under sub-section (4) of section 22D,
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 30 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.]