(1)If the assessing authority is satisfied that any dealer or other person has committed the offence mentioned in any clause of column (1) of the following chart it may, after such enquiry as deemed necessary, direct that such dealer or person shall pay, by way of penalty, in addition to the tax, if any, payable by him the amount mentioned in the related column (2), namely-
(a) to deposit the tax due under the Act, before furnishing the return or along with the return;
(b) to pay within the time allowed the tax due under the provisions of the Act;
(c) to deposit with the return , the amount realized as tax in excess of the amount due under the Act or any amount in lieu of such tax by giving it any name or color;
(b) a sum not less than ten percent, but not exceeding twenty five percent of the amount due if the amount due is up to ten thousand rupees and fifty percent if the amount due is above ten thousand rupees.
(c) a sum not less than the amount of tax realized or amount of tax realized in excess but not more than three times the said amount,
Explanation - For the purpose of this section, the Assessing Authority includes an officer not below the rank of Commercial Tax Officer Grade I, posted at the check-post or also an officer authorized to exercise powers under section 42 or section 43 or both, as the case may be.
(2) A copy of the order passed under sub-section (1) shall be served on a dealer or the person concerned and the amount imposed by way of penalty shall be deposited by such dealer or person in the prescribed manner within thirty days of such service failing which it may be recovered as if it were an arrear of land revenue.
(3) No order shall be made under sub-section (1), unless the dealer or the other person concerned has been heard or has been given a reasonable opportunity of being heard.
(4) The provisions of this section shall mutatis mutandis be applicable to the executer, administrator and the legal representative of the deceased person.