Section 9 in The Research And Development Cess Act, 1986
9. Penalty for non-payment of cess .-(1) If any cess payable by an industrial concern is not paid on or before making payments towards the import of technology, it shall be deemed to be in arrears and the same shall be recovered by the [Board] in such manner as may be prescribed.
(2)The [Board] [ Substituted by Act 45 of 1995, Section 5, for " Development Bank" (w.e.f. 1.9.1996).] may, after such inquiry as it deems fit, impose on the industrial concern, which is in arrears under sub-section (1), a penalty not exceeding ten times the amount in arrears:Provided that before imposing such penalty, such industrial concern shall be given a reasonable opportunity or being heard, and if, after such hearing, the [Board] [ Substituted by Act 45 of 1995, Section 5, for " Development Bank" (w.e.f. 1.9.1996).] is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this sub-section.
