Punjab Govt passes Act to impose additional profession tax on person who derive income from business, profession, salaried or on wages

The govt of Punjab has passed THE PUNJAB State Development TAX ACT, 2018 which imposes profession tax of Rs. 200 Per Month on all these types of people who are assessable below the Head Revenue from Salaries and/ or Wages as for each the Revenue Tax Act, 1961 and All these types of people who are assessable below the Head Revenue from Enterprise and/ or Profession as for each the Revenue Tax Act, 1961.

This Act of the Legislature of the State of Punjab been given the assent of the Governor of Punjab on the 16th working day of April, 2018.

Serial No. Course of people Amount
1. All these types of people who are assessable below the Head Revenue from Salaries and/ or Wages as for each the Revenue Tax Act, 1961. Rs. 200/- for each thirty day period
2. All these types of people who are assessable below the Head Revenue from Enterprise and/ or Profession as for each the Revenue Tax Act, 1961. Rs. 200/- for each thirty day period

 

The tax below this Act shall be levied on the people in the groups pointed out in the Plan only if they are income tax payees i.e. the tax, for any individual financial 12 months, shall be payable below this Act only by people people whose taxable income for the identical financial 12 months, in advance of permitting deduction on account of tax levied below this Act, exceeds the optimum amount of money which is not chargeable to Revenue Tax by the amount of money of tax payable by him below this Act for that 12 months:

Supplied that the Authorities may well by notification, change the rate of tax specified in the Plan, increase to or omit from or usually amend the Plan and thereupon, the Plan shall be deemed to have been amended appropriately:

Supplied more that topic to these types of conditions and limitations as may well be recommended, an enrolled person shall not be necessary to make payment of tax in respect of the period of time, through which he is briefly not engaged in any profession, trade or calling:

Supplied more that the Authorities may well, by notification, exempt any person or class of people from payment of tax topic to these types of conditions as may well be notified from time to time.

Wherever a person falls below far more than one particular class in the Plan, he shall be liable to pay out the tax only below one particular class.

 

Employer’s legal responsibility to deduct and pay out tax on behalf of workforce.

The tax payable below this Act by any person earning a income or wage, shall be deducted by his employer from the income or wages payable to these types of person, in advance of these types of income or wages is paid to him, and these types of employer shall, irrespective of whether or not these types of deduction has been created or not, when the income or wage is paid to these types of person, be liable to pay out tax on behalf of all these types of people:

Supplied that where any person earning a income or wage, who is lined by any entry of the Plan is at the same time engaged in employment of far more than one particular employer, and these types of person furnishes to his employer or companies a declaration in the recommended variety to the effect that he has acquired a certification of enrolment below sub-area (2) of area 6 and that he shall pay out the tax himself, no deduction or payment of tax shall be created by the employer or companies below this area and these types of employer or companies, as the circumstance may well be, shall not be liable to pay out the tax on behalf of these types of person.

Consequences of failure to deduct or to pay out tax.

(1) If an employer fails to deduct the tax at the time of payment of income or wage, or soon after deducting fails to pay out the tax as necessary by or below this Act, he shall without the need of prejudice to any other penalties and liabilities which he may well incur, be liable to pay out, in addition to the amount of money of tax, very simple curiosity at the rate of two for each cent of the amount of money of the tax because of for each and every thirty day period or portion thereof for the period of time for which the tax continues to be unpaid.

(2) If a person fails to pay out the tax as necessary by or below this Act, he shall without the need of prejudice to any other penalties and liabilities which he may well incur, be liable to pay out, in addition to the amount of money of tax, very simple curiosity at the rate of two for each cent of the amount of money of the tax because of for each and every thirty day period or portion thereof for the period of time for which the tax continues to be unpaid.

Penalties.

(1) Wherever an employer or a person liable for registration or enrolment has without the need of reasonable result in unsuccessful to implement for these types of certification in just the necessary time, the selected officer may well, soon after supplying him a reasonable option of getting heard, impose a penalty amounting to rupees fifty only for each and every working day of hold off.

(2) Wherever an employer or a person liable to registration or enrolment has intentionally given false details in any application submitted below this Act, the selected officer may well, soon after supplying him a reasonable option of getting heard, impose upon him a penalty amounting to rupees 5 thousand

(3) Wherever a registered employer or an enrolled person has without the need of reasonable result in unsuccessful to file return below this Act in just the requisite time, the selected officer may well, soon after supplying him a reasonable option of getting heard, impose upon him a penalty of rupees fifty only for each and every working day of hold off.

(4) If a registered employer or an enrolled person fails without the need of reasonable result in, to make payment of any amount of money of tax in just the necessary time or date as specified in the discover of demand, the selected officer may well, soon after supplying him a reasonable option of getting heard, impose upon him a penalty equal to fifty % of the amount of money of tax

(5) Wherever a registered employer or an enrolled person wilfully fails to retain the publications of account or other documents as directed below sub-area (1) of area 16, the Commissioner or selected officer may well, soon after supplying him a reasonable option of getting heard, impose a penalty amounting to rupees fifty only for each and every working day of hold off.

(6) If any registered employer or an enrolled person, without the need of ample result in, fails to comply with any of the provisions of this Act, or the rules framed there below, he shall be liable to pay out in addition to the tax and curiosity because of, a sum not exceeding rupees 5 thousand only and when the offence is a continuing one particular, with a penalty amounting to rupees fifty only for each working day through the period of time of the continuance of the offence:

Supplied that no penalty below this area shall be imposed without the need of affording a reasonable option of getting heard to the assesse.

Offences by Corporations.

(1) Wherever an offence below this Act has been committed by a business, each individual person who at the time when the offence was committed was in cost of, and was dependable for the perform of the business enterprise of the business, shall be deemed to be guilty of the offence and shall be liable to be proceeded from and penalized appropriately.

(2) Notwithstanding just about anything contained in sub-area (1), where any offence below this Act, has been committed by a business and it is proved that the offence has been committed with consent or connivance of, or is attributable to any neglect on the portion of any Director, Manager, Secretary or other officer of the business, these types of Director, Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded from and penalized appropriately.

Rationalization.-For the purposes of this area ,-

(a) “company” usually means any physique corporate and contains a business or other affiliation of people today and

(b) “Director”, in relations to a business, usually means a husband or wife in the business

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