35Additional charge in certain cases

35 Additional charge in certain cases

(1) Notwithstanding anything contained in this Act, any person who:

(a) fails or neglects duly to furnish any return or information as and when required by this Act or the regulations or by the Commissioner; or

(b) fails to include any required particulars in any return;

shall, if a person to whom paragraph (a) applies, be liable to pay an additional charge at the rate of 10% per annum upon the amount of the charge which he is liable to pay (such percentage to be calculated for the period commencing on the last day allowed for furnishing the return or information and ending on the day upon which the return or information is furnished or the day upon which an assessment of the charge is made, whichever first happens), or the sum of $2, whichever is the greater, or, if a person to whom paragraph (b) applies, be liable to pay by way of an additional charge the amount of $2 or double the amount of the difference between the charge properly payable and the amount of the charge payable on the basis of the particulars set out in the return furnished by him, whichever is the greater, in addition to any additional charge which may become payable by him in accordance with any other provision of this Act: Provided that the Commissioner may, in any particular case for reasons which he thinks sufficient, remit the additional charge or any part thereof. (2) If the Commissioner considers that the circumstances of any case warrant action being taken to recover the penalty provided by section 34, that action may be taken by the Commissioner, and, in that case, the additional charge payable under this section shall not be charged.