Returns, payment of tax, interest and penalty

(1) Every such dealer as may be required so to do by the prescribed authority, by notice served in the manner prescribed and every registered dealer (other than a dealer required by section 16 to pay tax at a fixed rate in lieu of the tax payable by him), shall furnish a true and complete return in respect of all his transactions relating to sales, purchases, receipts and dispatches of goods in a quarter, on or before the end of the month following the end of the quarter to the prescribed authority in such form and in such manner as may be prescribed. (2) Every such dealer as may be required so to do by the prescribed authority by notice served in the manner prescribed and every registered dealer (other than a dealer required by section 16 to pay tax at a fixed rate in lieu of the tax payable by him) shall furnish a true and complete statement in respect of all his transactions relating to sales and purchases of goods and any such details as may be prescribed for each completed quarter on or before the end of the month following the end of the quarter to the prescribed authority in such form and in such manner as may be prescribed. (3) Every registered dealer shall furnish to the prescribed authority, on or before the due date, a true and complete return in respect of every financial year in the form and manner prescribed. Explanation— In this sub-section, "due date" means— (i) where the dealer is a company within the meaning of the Companies Act, 1956 (Act 1 of 1956), the 30th day of November of the year following the year to which such return relates; (ii) where the dealer is a person, other than a company-- (a) in a case where the accounts of the dealer are required under this Act or any other law to be audited, the 31st day of October of the year following the year to which such return relates; (b) in any other case, 31st day of July of the year following the year to which such return relates. (4) Every dealer required by section 16 to pay tax at a fixed rate in lieu of the tax payable by him shall file a quarterly abstract statement for each completed quarter on or before the end of the month following the end of the quarter to the prescribed authority in such form and in such manner as may be prescribed. (5) If the last day prescribed for the filing of quarterly statement or monthly return happens to be a holiday, the next date on which the office opens shall be deemed to be the last day. (6) Notwithstanding anything contained in sub-section (1) or (2) the prescribed authority may for specific reasons to be recorded in writing, extend the date of filing such return or quarterly statement, as the case may be, subject to the condition that such an extension may be allowed only once and for a period not exceeding thirty days from the due date: Provided that the Commissioner may allow extension beyond thirty days for reasons to be recorded in writing subject to the condition that such an extension may be allowed only once and that also for a period not exceeding three months. (7) If a dealer having furnished a quarterly return under sub-section (1) or the quarterly statement under sub-section (2) discovers any omission or wrong statement therein he may furnish a revised return or statement, as the case may be in the form and manner prescribed to the prescribed authority at any time before the due date within the meaning of sub-section (3): Provided that no such return or statement shall be taken into consideration if, upon information or otherwise and for reasons to be recorded in writing, the prescribed authority is satisfied that the return or statement originally furnished was deliberately false or that it was furnished with intent to defraud the State Government of its revenue. (8) If a dealer fails to furnish the return under sub-section (1) or the quarterly statement under sub-section (2), within the time prescribed in this regard the prescribed authority shall after giving such a dealer an opportunity of being heard impose a penalty at the rate of five hundred rupees for every day of default after the due or extended date, as the case may be. (9) (a) Every dealer liable to furnish the return under sub-section (1) shall deposit the tax payable according to the return on or before the end of the following month in such manner and shall enclose the proof of payment in such form as may be prescribed. (b) Every dealer required by section 16 to Pay tax at a fixed rate in lieu of the tax payable by him shall deposit the tax arrived at after applying the rate specified in the notification issued under section 16 to his quarterly turnover, on or before the end of the month following the quarter to which it relates and shall enclose the proof of payment in the form and manner prescribed along with the statement required to be furnished under sub-section (4). (c) Subject to the provisions of sub-section (10), if any registered dealer submits a revised return under sub-section (7) and if the amount of tax due from such dealer according to the revised return is more than the amount of tax due from him according to the original return, he shall furnish along with the revised return a receipt from a Government Treasury or the State Bank of Sikkim or any other bank as may be notified by the Government, evidencing payment of the difference of tax in such form and in such manner as may be prescribed.