30.
Notice of demand.-- When any tax [ ] is due in
consequence of any order passed under this Act, the Wealth-tax Officer shall serve upon
the assessee or other person liable to pay such tax [ ] a
notice of demand in the prescribed form specifying the sum so payable and the time within
which it shall be payable.
31. Recovery of tax [ ].--
(1) Any amount specified as payable in a notice of demand issued under Section 30 shall be
paid within the time, at the place, and to the person mentioned in the notice, or if no
time is so mentioned, then on or before the first day of the second month following the
date of service of the notice, and any assessee failing so to pay shall be deemed to be in
default.
(2) Where an assessee has been assessed in respect of assets located in a country outside
Pakistan the laws of which prohibit or restrict the remittance of money to Pakistan, the
Wealth-tax Officer shall not treat the assessee as in default in respect of that part of
the tax which is attributable to the assets in that country, and shall continue to treat
the assessee as not in default in respect of that part of the tax until the prohibition or
restriction of remittance is removed.
(3) Notwithstanding anything contained in this section, where an assessee has presented an
appeal under section 23, the Wealth-tax Officer may in his discretion treat the assessee
as not being in default as long as such appeal is undisposed of.
31A. Recovery of tax in
the case of firms, association of persons, bodies of individuals, whether incorporated or
not, and companies.-- (1) Notwithstanding anything contained in other statutes, where
any tax payable by a firm, an association of persons, a body of individuals, whether
incorporated or not, or a company (including a firm, an association of persons, a body of
individuals, whether incorporated or not, or a company which are wound up or are in the
process of winding up) in respect of any year cannot be recovered, every person who is, or
was at any time during the year ending on the valuation date relevant to that year, a
partner, a member, a director or a major share holder, as the case may be, of such bodies
shall be jointly and severally liable for the payment of such tax:
Provided that a major shareholder is one who owns not less than 10 per cent of paid up
capital at any time during the year:
Provided further that any person who makes the payment under this section shall be
entitled to recover the amount so paid by him from the body on whose behalf it is paid or
from the other partners, members, directors, shareholders, as the case may be, of that
body.
(2) No proceedings under sub-section (1) shall be commenced except with the prior approval
in writing of the Commissioner.
31B. Additional Wealth-tax.-(1) Where an assessee-
(a) fails to pay the tax due from him on the basis of return or has paid an amount less
than the amount so payable; or
(b) has either failed to pay any tax under
section 14A or the tax paid under the said section is less than 80 per cent of the tax
payable as a result of completion of the relevant assessment under section 16, he shall,
without prejudice to his liability under any other provisions of 1989 law, be liable to
pay an additional amount of tax equal to fifteen per cent per annum,-
(i) in cases referred to in clause (a), of the whole or such portion of the amount as was
not paid from the date it first became payable to the date of payment; and
Provided that where in cases referred to
in clause (ii), the assessment is not made before the end of the assessment year next
following the year in which the return was filed, no additional tax shall be payable after
the end of the said assessment year.
(2) Where an assessee fails to pay the amount of wealth-tax due from him within the time
specified in the notice of demand issued under section 30 or the time laid down in
sub-section (1) of section 31, he shall, without prejudice to his liability under any
other provision of the law, be liable to pay an additional amount of wealth-tax equal to fifteen per cent per annum of the amount of
wealth-tax due from him from the first day of July, 1965 or such subsequent date as may be
specified in the notice of demand or be applicable under sub-section (1) of section 31
(hereinafter referred to as the said date) up to the date of its payment:
Provided that where, at the request of the assessee, the wealth-tax is allowed to be paid
in installments, such additional amount of tax shall be payable in respect of each
installment from the said date up to the date when it is paid [:]
Provided further that where, upon an
appeal under section 23 or section 24 or
section 26, or a revision under section 25, an appeal to the High Court under section 27, or an appeal
to the Supreme Court under section 29, the amount of wealth-tax on which the additional
amount of wealth-tax was payable under this section is reduced, such additional amount
shall be reduced accordingly and the additional amount paid in excess, if any, shall be
refunded together with the amount of wealth-tax that is refundable.
31BB. Charge of additional tax for failure to collect and pay tax.-- Where any person fails to
collect, or having collected fails to pay any tax, as required under section 13A, such
person shall, without prejudice to any other liability which he may incur, be liable to
pay additional tax at the rate of fifteen per cent per annum on the amount not paid for
the period commencing from the date on which he was required to pay such tax to the date
of the payment thereof.
31BBB. Charge of additional tax for failure to pay advance tax.-- Where
an assessee who is required to pay tax under […]
section 13D,-
(a) fails to pay any installment; or
(b) fails to pay any installment on or before the specified date; or
(c) fails to pay the full amount payable by him, he shall, without prejudice to any other
liability which he may incur under this Act, be liable to pay additional tax at the rate
of twenty-four per cent per annum on the amount not paid, and such additional tax shall be
calculated from the date on which such amount was payable to the date on which it is paid
or the thirtieth day of September of the financial year next following, whichever is
earlier.
31C. Additional payment for delayed refunds.-- Where any refund due to an assessee is not made
within three months of the date on which it became due (hereinafter referred to as the
said date), there shall be paid to the assessee, in addition to the amount of refund due
to him, a further sum equal to five per
cent per annum of the amount of refund from the date next following the expiration of
three months from the said date to the date on which the refund is made.
31D. Power to withhold refund in certain cases.-- Where an order giving rise to a refund is the
subject matter of an appeal or further proceedings under this Act, the Deputy Commissioner may, the prior approval of the
Commissioner, withhold the refund till such time as the Commissioner may determine.
33. Liability of transferees of properties in certain cases.--
(1) Where by reason of the provisions contained in section 4, the value of any assets
transferred to any of the persons mentioned in that section has to be included in the net
wealth of an individual, the person in whose name such assets stand shall, notwithstanding
anything contained in any law to the contrary, be liable, on the service of a notice of
demand by the Deputy Commissioner in this behalf, to pay
that portion of the tax assessed on the assessee as is attributable to the value of the
asset standing in his name as aforesaid:
Provided that where any asset is held jointly by more than one person, they shall be
jointly and severally liable to pay the tax as is attributable to the value of the asset
so jointly held.
(2) Where any such person as is referred to in sub-section (1) defaults in making payment
of any tax demanded from him, he shall be deemed to be an assessee in default in respect
of such sum, and all the provisions of this Act relating to recovery shall apply
accordingly.
