Chapter VII -

SUITS, APPEAL, REVISION AND REVIEW. h 20. (1) No assessment made, proceedings taken or order passed Bar to certain = under this Act shall be called into question in any court proceedings. h save as provided in this Act.

1. (2) No suit, prosecution or other legal proceedings shall lie against any public servant or any person appointed under section 3 for anything done in good faith under this Act or the rules or notifications made thereunder save with the previous sanction of the State Government. 21. (1) Subject to such rules as may be made, any dealer Appeal, revision may, in the prescribed manner, appeal to such authority and review, * as may be prescribed against any order passed under sub- section (3) of section 11, section 13 and section 16 of the Act,
2. (2) No such appeal shall be entertained unless—
   • (a) it is accompanied by proof of payment, in such manner as may be prescribed, of the amount of tax admitted by the dealer to be due from him and ten per cent of the difference between such amount of tax including penalty and interest assessed ; or -
   • (b) it is filed within forty - five days of the date of El passing of the orders as aforesaid or 30 days from = the date on which the demand, if any, for tax or penalty is served or deemed to have been served on the dea- d ler, whichever is later : Provided that the aforesaid authority may admit an . appeal after the expiry of the said period, if on appli- cation by the dealer, it is satisfied that the dealer was prevented by sufficient cause from preferring the appeal within the aforesaid time.
3. (3) Subject to such rules as may be made, any order passed in appeal under sub-sections (1) and (2) may be revised by such authority as may be prescribed on an application by the dealer or by or on behalf of the St- ate Government as the case may be : Provided that no application for revision shall be entertained unless it is made before the said authority © within 60 days of the date of passing of the order un- w der sub-section (1) or sub-section (2), as the case may be, but the said authority may, if it is satisfied, on ap- i plication that there was sufficient cause for the delay, ad- mit the said application for revision after condoning the delay : Provided further that the Commissioner may eall for and examine the record of any proceedings under this Act in which any order other than an order passed in appeal under sub-sections (I) and (2) has been passed by any person appointed to assist the Commissioner for the purpose of satisfying himself as to the legality or prop- . riety of such order and may, after such examination and after making or causing to be made such enquiry as he may deem necessary, pass any order which he thinks fit and proper : Provided that no action under the second proviso shall be initiated while any appeal under sub-section (1) is pending or when the time prescribed in sub-section (2) for filing the appeal has not expired and except before the expiry of four years from the date of order which is h the subject of scrutiny by the Commissioner. : (4) The aforesaid appellate or revising authority may—
   • (a) confirm, reduce, annul, enhance or otherwise mo- i dify the assessment of tax, penalty or interest;
   • (b) set aside any order and direct the authority wh- ® ich made the order, to pass -a fresh order after fur- ther enquiry on specified points; or ) (c) pass such other orders as it may deem fit and proper. |
4. (5) No order prejudicial to any dealer shall be passed un- der this section without a reasonable opportunity of be- ing heard being given to him.
5. (6) Subject to such rules as may be made, any authority under this Act or its successors in office may, on applica- tion or otherwise, review any order passed by it to cor- rect any error or mistake apparent from records : = § Provided that neither an application under this sub- section nor the period during which it is pending shall o be considered as cause for the delay, if any, in filing any B appeal or application for revision : Provided further that no such review shall be made if it has the effect of enhancing the tax or penalty or both, or of reducing a refund, unless the dealer or the person who is liable to pay the tax or the penalty or both, or as the case may be, eligible to get refund, is given a reasonable opportunity of being heard. 0

on made under this Act shall be such as may be prescri- bed :

Provided that the amount of fees so prescribed shall not be less than a rupee and shall not exceed five hundred rupees :

Provided further that no fee shall be payable for : any appeal or application filed by or on behalf of the @ State Government. =

be taken or any order passed or may be passed under - any of the provisions of this Aet, whoever-—

1. (a) being a dealer, sells or purchases goods in contra. vention of sub-section (2) of section 10 or fails or neglects to comply with the provisions of sub-section

1. (1) thereof ; or
   • (b) fails without sufficient cause; to submit any return required under section 11 or wilfully submits a false return; or p= (c) not being a registered dealer falsely represents that he is such a dealer; or 9 (d) fails or neglects to maintain or produce accounts under section 18 or produces false and incorrect ac— counts ; or
   • (e) prevents or obstructs any authority under this Act in the performance of its duties and functions under this Act; or
   • (f) fails to pay the tax due in accordance with sec— tion 14; or
   • (g) contravenes the provisions of section 15; or
   • (h) fails to furnish the information or particulars
     • • mentioned in section 19; or
     • (i) contravenes section 26; or
   • (j) abets any person in the commission of any of the offences specified in clauses (a) to (i); shall be punishable with imprisonment of either description which may extend to one year or with fine which may 5 extend to ten thousand rupees or with both and if the © offence is a continuing one, with a daily fine not exceeding = one hundred rupees during the period the offence continues. . (2) No court shall take cognizance of any offence under this Act or the rules made thereunder except with the previous sanction of the prescribed authority. ) (3) All offences punishable under this Act shall be cog- nizable and bailable.
2. (4) Notwithstanding anything contained in sub-section (1), the prescribed authority may compound any offence under this Act or the rules made thereunder before or after the i institution of proceedings under that sub-section by accep- ting from the person charged with the offence a sum not exceeding twenty thousand rupees as may be determined by the said authority, in addition to the tax, penalty or interest that may be leviable under the Act, and on pay- ment of the sum so determined together with the amount of tax, penalty or interest due, the proceedings before any court or prescribed authority under this section shall abate. .