P.Tax Deduction

Labour & Industrial 1191 views 3 replies

In a company there are 10 employees and each one are getting salary more than Rs.5000/- but the company is not P.Tax registered ,so is it compulsory for the company to be P.tax registered and deduct p.tax from salary of employee?????

and if not what penalty may be fined on company?

Replies (3)

'P.tax registered'........???????means?

yes, the company has to get registered with P tax, deduct p tax of employees and pay to department, and submit returns.

 

 

ENALTIES

The Profession Tax Act provides for imposition of penalty in different cases.

Some of such cases are: -

  • Wilful failure to apply for registration/enrolment within time.

  • Deliberately giving false information in the application for registration/enrolment.

  • Failure to pay tax within time.

  • Failure to file return within time.

  • Failure to pay tax within time fixed in a notice of demand.

  • Wilful failure to maintain books of accounts and records.

 

PROSECUTION

In respect of certain offences, the law on Profession Tax in West Bengal provides for prosecution. Such offences are:

  • Failure to furnish return by a registered employer.

  • Failure to pay tax by an enrolled person.

  • Furnishing incorrect information in a return.

  • Furnishing incorrect information in an appendage in Form IX.

  • Failure to produce and explain records and books of accounts for inspection as required by an authority under the law.

  • Negligence or refusal to provide information as required under the law.

Such offences are cognizable and bailable. They are punishable with simple imprisonment or fine or both.   

 

 

(6) Where an employer or a person liable to registration or enrolment willfully fails to apply
for such certificate within the required time as provided for in sub-section (4) the prescribed
authority may, after giving him a reasonable opportunity of being heard, impose upon him a
penalty 4[a sum of rupees five hundred for delay of each twelve English calendar months or
part thereof, in case of an employer and a sum of rupees one hundred for delay of each twelve
English calendar months or part thereof, in the case of others].
(7) Where an employer or a person liable to registration or enrolment has deliberately given
false information in any application submitted under this section, the prescribed authority may,
after giving him a reasonable opportunity of being heard, impose upon him a penalty not
exceeding rupees one thousand.


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