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Bengal Presidency - Section

Section 72 in Cess Act, 1880

72. Notice to return profits. - On the commencement of this Act in any district and thereafter before the close of each year, the Collector of the district shall cause a notice to be served upon the owner, chief agent, manager or occupier of every mine, quarry, tramway, railway other immovable property not included within the provisions of Chapter II [*]; such notice shall be [][87(in the case of all mines and quarries) in form No. I in Schedule E contained and in any other case, in form No. II in the said Schedule contained] and shall require such owner, chief agent, manager or occupier to lodge in the office of such Collector within two months a return [**][87(, in the case of all mines and quarries, of the annual despatches from such mines and quarries,) and in the case of any other property, of the annual net profits of such other property,] calculated on the average [* * * * *] for the last three years for which accounts have been made up.

Such Collector may in his discretion extend the time allowed for lodging such return.[72A. Penalty for omitting to lodge a return. - (1) Any owner, chief agent manger or occupier who, without sufficient cause being shown to the satisfaction of the Collector, refuses or omits to lodge the required return in the office of the Collector within two months from the date of the service upon him of a notice under section 72,] or within any extended time which may have been allowed by the Collector for lodging such return, shall be liable to a fine which may extend to fifty rupees for every day after expiration of such time or extended time until such return is furnished, or until [the annual despatches or the annual net profits, as the case may be, in respect of the property] in respect of which the notice has been served shall have been otherwise ascertained and determined by the Collector as hereinafter provided.
(2)The amount of such fine accruing due from time to time may be levied by the Collector as provided in section 98 or section 99, and the fact of an appeal against such fine being pending shall not avail to prevent the levy of any such fine pending the disposal of the appeal, unless the Commissioner otherwise directs.
(3)Whenever the amount levied in respect of any such fine exceeds five hundred rupees, the Collector shall report the case specially to the Commissioner; and no further levy for such default shall be made otherwise than by authority of the Commissioner.