Imposition of penalty for failure to issue tax invoice, cash memo or bill

(1) If a registered dealer or a dealer contravenes the provisions of section 55, the officer authorised in this behalf may, after giving such dealer a reasonable opportunity of being heard, by order in writing, direct that such dealer shall pay, by way of penalty, a sum equal to double the amount of tax which would have been levied under this Act in respect of the sales referred to in that section where no tax invoice, cash memo or bill has been issued, or five thousand rupees, whichever is greater: Provided that if such registered dealer or dealer proves to the satisfaction of the Commissioner or such other officer that he deals exclusively in goods specified in Schedule I sales of which are declared tax-free under section 12 or that it is not practicable for such registered dealer or dealer to issue tax invoice, cash memo or bill against each transaction in view of the circumstances and nature of his business, such other officer may exempt such registered dealer or dealer from payment of penalty or impose such lesser amount of penalty as he deem fit and proper. (2) Any penalty imposed under sub-section (1) shall be paid by the registered dealer or dealer into a Government Treasury or the State Bank of Sikkim or any other bank as may be notified by the Government by such date as may be specified in a notice to be issued by such other officer in this behalf, and the date to be specified shall not be less than fifteen days from the date of service of such notice. (3) Any amount of penalty that remains unpaid after the date specified in the notice referred to in sub-section (2), shall be recoverable in accordance with the provisions of section 45.