Section 9 in The West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979.
9. Consequences of failure to deduct or to pay tax.
(1)If an employer (not being an officer of Government) fails to pay tax as required by or under this Act, he shall, without prejudice to any other consequences and liabilities which he may incur, be deemed to be an assessee in default in respect of such tax.(2)Without prejudice to the provisions of sub-section (1), an employer referred to in that sub-section shall be liable to pay simple interest at [one per centum] [Words substituted for the words 'one per centum' by W.B. Act 1 of 2002.] of the amount of tax due for each month or part thereof for the period for which the tax remains unpaid.(3)if an enrolled person fails to pay the tax as required by or under this Act, he shall be liable to pay simple interest at the rate and in the manner laid down in sub-section (2).(3a)[ Where a person, other than a person referred to in sub-section (2) or sub-section (3), fails to obtain a certificate of enrolment and pay tax under the Act by the prescribed date, such person shall be liable to pay simply interest at the rate of one per centum of the amount of tax payable by him for any year or part thereof for each month or part thereof for the period for which the tax remains unpaid.] [Sub-section (3a) inserted by W.B. Act 4 of 2005.](4)[ Interest payable under sub-section (2) or sub-section (3) [or sub-section (3a)] [Sub-section (4) inserted by W.B. Act 16 of 1994.] shall be determined in such manner, by such date, and by such authority, as may be prescribed.]
