Penalties.

Tax196237 sections

Statutory text

(1) If the Commissioner, in the course of any proceedings under this Act, is satisfied that any dealer--
- (a) has, without reasonable cause, failed to furnish the return which he was required to furnish under section 7 or has, without reasonable cause, failed to furnish it within the time allowed and in the manner required, or
- (b) has, without reasonable cause, failed to comply with a notice under sub-section (2) of section 8, or
- (c) has concealed the particulars of his sales or deliberately furnished incorrect particulars of such sales, or
- (d) has evaded the liability to pay tax, the Commissioner may direct that such dealer shall, in addition to any tax payable by him, pay, by way of penalty,--
  - (i) in a case referred to in clause (a) or clause (b), a sum not exceeding one and a half times the tax;
  - (ii) in a case referred to in clause (c), a sum not exceeding one and a half times the amount of the tax which would have been avoided if the particulars of his sales had been accepted as correct;
  - (iii) in a case referred to in clause (d), a sum not exceeding one and a half times the amount of the tax sought to be evaded by him.
(2) No order under sub-section (1) shall be made unless the dealer was given a reasonable opportunity of being heard.

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