(1) Any person who fails
to furnish a return within the
due date shall pay a penalty
of five thousand
rupees:
Provided that in case a registered
person files a return within
fifteen days of the due date,
he shall
pay a penalty of one hundred
rupees for each day of default.
(2) Any person who --
(a) fails to issue an invoice
when required under this Act;
(b) unauthorizedly issues
an invoice in which an amount
of tax is specified;
(c) fails to notify the changes
of material nature in the particulars
of registration or taxable activity;
(cc) fails to deposit the
amount of tax due or any part
thereof in the time or manner
laid down under
this Act or rules or orders
made thereunder;
(d) repeats erroneous calculations
in the return during a year
whereby amount of tax less than
the
actual tax due is paid,
shall pay a penalty of five
thousand rupees or three per
cent of the amount of the tax
involved,
whichever is higher:
Provided that in case the amount
of sales tax payable in the
return does not exceed five
thousand rupees, he shall pay
a penalty of one thousand rupees:
Provided further that no penalty
shall be imposed when any miscalculation
is made for the
first time during a year.
(3) Any person who --
(a) is required to apply for
registration (***) under this
Act fails to make an application
for registration
before making taxable supplies;
(b) fails to maintain records
required under this Act or the
rules made thereunder; or
(c) fails to furnish the information
required by the Board through
a notification issued under
sub-section
(5) of section 26,
shall pay penalty of ten thousand
rupees or five percent of the
amount of tax involved, whichever
is
higher
(4) Any person who --
(a) submits a false or forged
document to any officer of Sales
Tax;
(b) destroys, alters, mutilates
or falsifies the records;
(c) knowingly or fraudulently
makes false statement, false
declaration, false representation,
false
personification, gives any false
information or issues or uses
a document which is forged or
false;
(d) denies or obstructs the
access of an authorised officer
to business premises, registered
office or to
any other place where records
are kept;
(e) otherwise obstructs the
authorised officer in the performance
of his official duties; or
(f) commits, causes to commit
or attempts to commit the tax
fraud,
shall pay a penalty of twenty
five thousand rupees or one
hundred percent of the amount
of tax involved,
whichever is higher.
(5) Any person who causes or
attempt to commit or abets the
commission of any of the acts
specified in
the preceding sub-sections shall
pay the penalties specified
therein.
(6) Where any of the acts specified
in sub-sections (3) and (4)
of this section is committed
by a corporate
body or an association of persons,
whether incorporated or not,
the Chief Executive of that
body shall
pay a penalty of twenty five
thousand rupees, in addition
to other Penalties adjudged
against him under
any other provisions of this
Act.
(6A) A registered (***) person
or retailer who without any
reasonable cause fails to comply
with the
provisions of section 25, shall
pay, —
(a) for failing to produce the
record on receipt of first notice,
a penalty of two thousand five
hundred
rupees;
(b) for failing to produce the
record on receipt of second
notice, a penalty of ten thousand
rupees;
and
(c) for failing to produce the
record on receipt of third notice,
a penalty of fifty thousand
rupees.
(7) Any person who contravenes
any of the provision of this
Act for which no penalty has,
specifically,
been provided in this Act, shall
pay a penalty of two thousand
and five hundred rupees or three
percent
of the amount of tax involved,
whichever it higher.
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