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<h1>Penalty for tax default: assessing officer may impose capped penalties with hearing and refund if tax is reduced.</h1> When an assessee defaults in payment of tax, the Assessing Officer may direct a penalty in addition to arrears and interest, with further penalties for continuing default, but the total penalty cannot exceed the tax in arrears; the assessee must be given a reasonable opportunity of being heard and, if the default is shown to be for good and sufficient reasons, no penalty shall be levied; prior payment of tax does not by itself remove penalty liability; if a final order wholly reduces the tax, the penalty shall be cancelled and refunded.
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