Section 35D in The Assam Agricultural Income-Tax Act, 1939
35D. Interest for non-payment of tax demanded.
(1)Where an assessee does no pay the amount of tax demanded from him after an assessment made under any provision of this Act within the date specified in the notice of demand served on him in this behalf, he shall be liable to pay simple interest from the 1st day of the month following the said date up to the date of full payment at the rate of two per centum for each English Calendar month on the amount of tax as finally assessed reduced by the amount of tax paid on or before the said first day until the tax is fully paid.(2)In calculating the interest payable under this Act, the amount of advance tax or tax determined on regular assessment under Section 20 in respect of which such interest is to be calculated shall be rounded off to the nearest multiple of one hundred rupees where such amount contains a part of one hundred rupees; if such part is fifty rupees or more, it shall be. increased to hundred rupees, and if such part is less than fifty rupees it shall be ignored..Explanation 1. - In this section where an assessee pays any part of the tax after the commencement of interest under sub-section (1) interest shall be payable up to the date of part payment in the entire amount as specified in the said sub-section and thereafter on the balance of such payment.Explanation 2. - Where in any case any interest becomes payable under this section, the authority competent to assess the tax in that case under this Act shall record an order to that effect specifying the amount of interest payable and the amount of tax on which and the period for which the interest is payable. Notwithstanding anything contained in this Act an order under this sub-section can be passed at any time when interest under this section is found to be due.Explanation 3. The provisions of this Act relating to payment and recovery of tax shall, so far as may be, be applicable to payment of interest under this section as if such interest were tax under this Act;Provided that where any order is passed under sub-section (3) of Section 36 of this Act in respect of any dues, any interest relatable to the same dues and accrued under this section up to the date of such order and any further interest accruing after such date shall be recovered in the course of proceeding initiated in accordance with the aforesaid sub-section in respect of the said dues and for that purpose no order under sub-section (1) of this section or notice of demand under this Act shall be necessary in respect of such interest.
