(1) Notwithstanding anything contained in section 46 if the assessing authority is satisfied that any person,-

(a) being a person required to registered himself as dealer under this Act, did not get himself registered; or

(b) has failed to keep true and complete accounts; or

(c) has failed to submit any return as required by the provisions of this Act or the rules made thereunder; or

(d) has submitted an untrue or incorrect return; or

(e) has failed to comply with all or any of the terms of any notice or summons issued to him by or under the provisions of this Act or the rules made thereunder, or

(f) after purchasing any goods in respect of which he has made a declaration under proviso to Sub-section (3) of Section 5, has failed to make use of the goods for the declared purpose; or

(g) has acted in contravention of any of the provisions of this Act or any rule made thereunder; for the contravention of which no express provision for payment of penalty or for punishment is made by this Act;

(h) or has abetted the commission of any of the above offences

such authority or officer may direct that such person shall pay, byway of penalty, an amount not exceeding twice the amount of Sales Tax or other amount evaded or sought to be evaded, where it is practicable to quantify the evasion or an amount not exceeding ten thousand rupees in any other case.

Explanation I :- The burden of proving that any person is not liable to the penalty under this Section shall be on such person.

Explanation II :- for the purpose of this Sub-section the expression "assessing authority" includes any officer not below the rank of a State Tax Officer specified by the Government in this behalf by notification in the Gazette.

(2) No order under Sub-section (1) shall be passed unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter.

(3) The Joint Commissioner of State Tax may, on application by any person on whom the penalty is imposed under Sub-section (1) within thirty days from the date of receipt by him of the order imposing such penalty, for reasons to be recorded in writing confirm, reduce or waive such penalty or remand the case to the assessing authority, as the case may be, for reconsideration:

Provided that the Joint Commissioner of State Tax may admit an application made after the expiry of the said period of thirty days if he is satisfied that the applicant had sufficient cause for not making the application within the said period.

(4) An order of the Joint Commissioner of State Tax under Sub-section (3) shall, subject to the provisions of Sub-section (5), be final.

(5) The Commissioner of State Tax may, either suo-motu or on an application, call for and examine the record of any order passed under Sub-section (1) or Sub-section (3) and make such order as it thinks fit :

Provided further that Commissioner of State Tax shall not admit an application made after the expiry of thirty days from the date of receipt by the applicant of the order under Sub-section (1) or Sub-section (3), as the case may be, unless it is satisfied that the applicant had sufficient cause for not making the application within the said period.

Provided further that no order enhancing a penalty or cancelling the waiver of a penalty shall be passed unless that person affected thereby is given an opportunity of being heard in the matter.

(5A) An application under Sub-section (3) shall be accompanied by a fee of rupees three hundred and that under Sub-section (5) by a fee of rupees seven hundred.

(6) An order of the Commissioner of State Tax under Sub-section (5) shall be final.