89

(1) Where. it appears to the prpper officer ?taIJJ.tax has llQt ? paid or short paid or erroneously. refunded Of! ?here input tax crajit has been wrpl)gly availed or utilised by reuon ?f fraud, or any willful-mis.statement or suppression of facts to ?e tax, he shag sei:y,e notice on the person chargeable,with tax which.? 11ot been so paid or which has been so short paid or to whom the refund has erroneously been made, or who. has wrongly availed or. utilised input tax· credit, ?utring bim to show cause ?hy he should notpay the a11.1buntspecified in the notice ?ong with interest payablith?tto,? under section 50 and a penalty equivalent to the tat specified in the notice. ·, . · (2) 'Ihe proper officer. shall issue the notice under sub- section (1) at least .six months prior to the time limit specified in sub-section. (10) for issuance of otder. (3) Where a. notice has been issuedfor any period under sub-section (1 ), the proper officer may serve a statement, containing the cletails of taxnot paid or short paid or erroneously refunded otinput tax aedit wrcmgly)vailed or utilised for such periods other than th<>,e.rfJ()Vered under sub-section (0, on the person ch? with tax. (4) The service of statement under sub-section (3) shall be deemed to be service of notice under sul>-section (1) of section 73, subject to .the condition that thegrounds relied upon in the said statement, excepfthe ground . <i ? or any willful-misstatement or ?n of .· tacts to evade ?for periods .other than thQ$e .. ? under sub-section (1) are the .same. as'are mentioned in the earlier notice: ' . . ' .. < (5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with ?fftSI payable under section 50 and a. penalty equivalent to fifteen pa cent of suclftax on the basisof his own ascertainment of such tax or the tax as ascertained by the proper.officer and inform the proper offi.cel' ? writing of sus)l payment '( { 6) J,\le proper office,;. on r?pt of su? informatj.on, shall i}lot serve any nc>Jice un? .sub-?on (1), iJJ:. respect of the tax so ?d or any penalty payable.? the provisions of this Act or the rules made ther?\W?r. Dettrmination of tu not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any willful-nilsstatement or suppression of facts. 90 (7) Where the proper officer is of the opu,uon thatthe amount paid under sub-section (5) falls short of the arliount actually payable. he· shall proceed.to issue the 11&.ce aS provided for in· sub-section (1) bl·;respect of siich iltnount which1alJsshort· of the ;IDlO\lllt actually payable. ,. ·• d, .. ?:· -r ., (8) 'Wh??t anypmon chargeable with. tax wider sub- ??P (J)pays the said.? along with in? payable ·un? ?on SO.and a penalty equivalent to twenty five · ?i '?nt of such tax wi? thirty ? of is.me ofthe notice,''all proceedings in respect of tlle said qotice shall be deemedto be concluded. . . ?i!'r (9)\ The proper officer shall. .. after considering the ' · representation, if any. made,? rthe. per&Ol1 chargeable with tax, determine the amount of· tax, interest and pepalty due fromsuch person and issue an order. (1 O)r 1he'Jm>per officer shall issoethe order under sub-section ·· · ;(9) within· a period of five years from the due .date for · :filmg <,f anaual return forthe financial year to which the tit.·aot paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous mund. Cpl ·\VJiF aD)'.person 5dved widi an order,'tssued under h,. ,,,t: .???on (9) pays !}le tax along with iJlterest payable . ·· · tlier.?.911del" section 50 and a penalty equivalent to fifty per;cent of S\!ch tax within thirty days of e<>mmtmication of the .or.4er., 'all proceedings·uj respect of the said notice · shallbe deemed to be conduded, . Explanation 1.-: For the purpqses of section73 andthis ?on, - (i) . the ?ression .'"all proceedings,. in rqpect of the said flptice'" shall not include proceedings under section 132; (ii) where the notice under the same proceedings is issued to the main person liable to.pay tax·•4nd some other persons, and such proceedings against the main person ha.-e been conduded!ihder section 73 or sedlon 74, t1te Rroceedings agamsfall t1ie perions liable ufpay penalty :'Jmder sections122, 125,129 and130 are deemed to be :e '.d>hcluded. · i · 91 Explanation 2.- For the . purposes of this Act, the expression "suppression" shall mean non-declaration of facts. or information which a taxab?person is ttqwred,todeclare in the return, statement, report ot my· other ?fufuished undtr this Actor the rules niade .thereunder, or failure to fwn!sh_? information on being asked for, in writing, by th.e proper officer.