Payment of additional duty
46.—(1)  If at any time it is brought to the notice of any executor or other person accountable for estate duty that the property subject to estate duty on the death of the deceased was of greater value than that on which estate duty was actually computed, such executor or person, as the case may be, shall —
(a)within one month after such notice, or within such further time as the Commissioner may allow, deliver a further estate duty return or further account;
(b)pay the difference between the duty leviable according to the true value of the estate and the duty already paid;
(c)at the same time pay to the Commissioner interest upon such difference at the appropriate rates specified in the Sixth Schedule from the date of the death, or from such subsequent date as the Commissioner may in the circumstances think proper ––
(i)in the case of a person dying before 1st January 2005, to the date of payment;
(ii)in the case of a person dying on or after 1st January 2005, to whichever of the following dates occurs first:
(A)the date of receipt by the Commissioner of the further estate duty return or further account required under paragraph (a) without omission of assets;
(B)the date of the notice of assessment of the difference; or
(C)the date of payment; and
[51/2004 wef 09/12/2004]
(d)in the case of a person dying on or after 1st January 2005, if the difference or interest thereon, if any, is not paid in full within 30 days from the date of the notice of assessment of the difference, pay to the Commissioner a penalty at the rates specified in section 36(1A).
[51/2004 wef 09/12/2004]
[30/2000]
(1A)  For the purposes of determining the penalty payable under subsection (1)(d), the references in section 36(1A) to ––
(a)the relevant date shall be read as the date 30 days after the date of the notice of assessment of the difference, or the date 6 months after the date of death of the deceased, whichever is the later; and
(b)the unpaid estate duty shall be read as the unpaid difference, and includes any interest payable under subsection (1)(c).
[51/2004 wef 09/12/2004]
(2)  If any person, who ought to deliver a further return or account as mentioned in subsection (1), neglects to do so within the prescribed period, he shall forfeit to the Government the sum of $1,000 and shall also be liable to pay to the Government double the amount of additional duty leviable.
[30/2000]
(3)  If an application has been made under section 47(1) in respect of a notice of assessment, no claim shall be made for the return of excess duty or for the payment of additional duty except on the ground that the particulars of the property passing on the death of the deceased, or the general expenses, debts or encumbrances for which allowance was made, were not correctly stated in the return or account.
[47
[42/98; 30/2000]