Provided that before levying such penalty the authority prescribed shall give the dealer a reasonable opportunity of being heard.

Penalty for failure to pay tax when due

1. (1) Where a dealer who fails to pay tax due on the basis of the return submitted by him by the last day of the month in which it is due, he shall be liable to pay tax and a penalty of ten percent of the amount of tax due: Provided that before levying such penalty the authority prescribed shall give the dealer a reasonable opportunity of being heard.
2. (2) If a dealer pays the tax, penalty and interest under sub-section
3. (1) and subsequently it is found that the tax is not due, then such tax, penalty and interest shall be refunded to that dealer.