DEMO|

BIHAR VALUE ADDED TAX Act, 2005
CHAPTER VI : RETURNS, ASSESSMENT, RE-ASSESSMENT AND PAYMENT OF TAX

Body 32. Escaped Turnover detected before or at the time of assessment of tax:-

(1) If the prescribed authority is satisfied that any registered dealer -

    (a) has concealed any sales or purchases or any particulars thereof, with a view to reduce the amount of tax payable by him under this Act; or

    (b) has furnished incorrect statement of his turnover or incorrect particulars of his sales or purchases in the return furnished under sub-section (1A) of section 24 or in the quarterly statement under sub-section (4) of section 24 of in the annual return under sub-section (3) of section 24; or

    (c) has claimed input tax credit in excess of the amount of input tax credit to which he is entitled under this Act,

the prescribed authority shall, after giving such a dealer an opportunity of being heard in the prescribed manner, by an order in writing direct that he shall, besides the amount of interest payable under sub-section (10) of section 24 and in addition to any tax which may be determined to be payable by him under the Act, pay by way of penalty, a sum equal to three times the amount of tax on the concealed turnover or on concealed or incorrect particulars or excess input tax credit claimed.

(2) The penalty under sub-section (1) may be imposed before completion of assessment, and for determining the amount of penalty; the prescribed authority may quantify the amount of tax provisionally in the prescribed manner.

(3) Any penalty imposed under sub-section (1) shall be without prejudice to any action, which is or may be taken under section 81.