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 11. Consequences of failure to  deduct or to pay tax.-  (1) If an employer (not being an  officer of Government) does not deduct the tax at the time of payment of salary  or wage or after deducting fails to pay the 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 the tax.  (2) Without prejudice to the  provisions of sub-section (1) if an employer referred to in sub-section (1) does  not deduct the tax at the time of payment of the salary or wage, or after  deducting fails to pay the tax as required by or under this Act, he shall be  liable to pay simple interest at one and aquarter per cent]1 of the amount of  the tax due for each month or part thereof for the period for which the tax  remains unpaid.  (3) If an enrolled person  1[or a person liable to be enrolled]1 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). (4) Notwithstanding anything  contained in sub-sections (2) and (3),-  (i) the balance of interest  payable upto 31st March 1987 in respect of tax paid belatedly shall not be  collected;  (ii) any interest that has  become payable in respect of tax due as on 31st March 1987 shall not be  collected provided such tax is paid in full on or before 30th June, 1989. |