Section 11: Penalties.

(1) Except as otherwise provided in this Act, a person guilty of an offence under this Act shall, on conviction, be liable-
(a) for a first offence, to imprisonment for a term of 6 months or to a fine of up to N 1,000,000.00 or both; and
(b) for a second and subsequent offence to imprisonment for a term of 12 months or to a fine of up to N2,000,000.00 or both.
(2) The institution of proceedings or imposition of a penalty under this Act shall not relieve a company from liability to pay to the Service a tax which is or may become due under this Act.
(3) Notwithstanding subsection (1) (a) and (b) of this section, where any company or corporate body liable to file an education tax return under this Act fails in any year to file such return, the Service, if it is of the opinion that such a company or corporate body is liable to pay education tax, may, according to the best of its judgment, determine the amount of assessable profit of such company and make an assessment of education tax in accordance with the provisions of this Act.