Amendment status not verified — confirm the current text below against the official source.
(1) (2) (3) (4) 212 Where it oppeors to the proper of- ficer thot ony tox hos not been poid or short poid or erroneously refunded or where input tox credit hos been wrongly ovoiled or utilised by reoson offroud, orony wilful misstotement or suppres- sion of focts to evode tox, he sholl serve notice on the person chorgeoble with tox which hos not been so poid or which hos been so short poid or to whom the re- fund hos erroneously been mode, or who hos wrongly ovoiled or utilised input tox credit, requiring him to show couse os to why he should not poy the omount speci- fied in the notice olong with inter- est poyoble thereon under section 50 ond o penolty equivolent to the tox specified in the notice. The proper officer sholl issue the notice under sub-section (l) ot leost six months prior to the time limit specified in sub-section (10) for issuonce of order. Where o notice hos been issued for ony period under sub-section (l ), the proper officer moy serve o stotement, contoining the detoils of tox not poid or short poid or erroneously refunded or input tox credit wrongly ovoiled or utilised for such periods other thon those covered under sub-section (l ), on the person chorgeoble with tox. The service of stotement under sub-section (3) sholl be deemed to be service of notice under sub- section (l)of section 73, subject to the condition thot the grounds Determino- tion of tox not poid or short poid or erroneously refunded or input tox credit wrongly ovoiled or utilised by reoson of froud or ony wilful misstote- ment or suppression of focts. 2t3 relied upon in the soid stotement, except the ground offroud, or ony wilf ulmisstotement or suppression of focts to evode tox, for periods other thon those covered under sub-section (1) ore the some os ore mentioned in the eorlier notice. (5) The person chorgeoble with tox moy, before service of notice under sub-section (l), poy the omount of tox olong with interest poyoble under section 50 ond o penolty equivolent to fifteen per cent. of such tox on the bosis of his own oscertoinmentof such tox or the tox os oscertoined by the proper officer ond inlorm the proper officer in writing of such poyment. (6) The proper officer, on receipt of such informotion, sholl not serve ony notice under sub-section (l ), in respect of the tox so poid or ony penolty poyoble under the provisions of thisAct or the rules mode thereunder. (7) Where the proper officer is of the opinion thotthe omount poid under sub-section (5) {olls short of the omount octuolly poyoble, he sholl proceed to issue the notice os provided for in sub-section ( l ) in respect of such omount which folls short of the omount octuolly poyoble. (8) Where ony person chorgeoblewith tox under sub-sedion (l ) poys the soid tox olong with interest poyoble under section 50 ond o penolty equivolent to twenty five per cent of such tox within thirty doys of issue of the notice, oll 2ll proceedings in respect ofthe soid notice sholl be deemed to be concluded. (9) The proper officer sholl, ofter considering the representotion, if ony, mode by the person chorgeoble witir tox, determine the omount of tox, interest ond penolty due from such person ond issue on order. (10) The proper officer sholl issue the order under sub-section (9) within o period of five yeors from the due dote for furnishing of onnuolreturn for the finonciol yeor to which the tox not poid or short poid or input tox credit wrongly ovoiled or utilised relotes to or within five yeors from the dote of erroneous refund. (l I ) Where ony person served with on order issued under sub-sedion (9) poys the tox olcrg with interest poyoble thereon under section 50 ond o penolty equivolent to fifty per cent of such tox within thirty doys of communicotion of the order, oll proceedings in resped of the soid notice sholl be deemed to be concluded. Explonotion l.- For the purposes of section 73 ond this section, - (i) the expression 'bll proceed- ings in respect of the soid notice"sholl not include pro ceedings under section 132; (ii) where the notice under the some proceedings is issued to the moin person lioble to poy tox ond some other persons, ond such procee- dings ogoinst the moin 21, person hwe been concluded under section 73 or section 74, the proceedings ogoinst oll the persons lioble to poy penolty under sedions l 22, 125, 129 ond 130 ore deemed to be concluded. Explonotion 2.-For the purposes ol this Act, the expression "suppression" sholl meon non- declorotion of focts or informotion which o toxoble person is required to declore in the return, stotement, report or ony ofrer document fumished under this Act orthe rules mode thereunder, orfoilure to furnish ony informotion on being osked for, in writing, by the proper officer. 7s. (l) (2) Where the service oI notice or issuonce of order is stoyed by on order oi o court or Appellote Tribunol, the period of such stoy sholl be excluded in computing the period specified in sub- sections (2) ond (10) of section 73 or sub-sedions (2) ond (10) of section 74, os the cose moy be. Where onyAppellote Authority or Appellote Tribunol or court concludes thot the notice issued under sub-section (l ) of section 74 is not sustoinoble for the reoson thot the chorges ol froud or ony wilful misstotement or suppression of focts to evode tox hos not been estoblished ogoinst the person to whom the notice wos issued, the proper officer sholl Generol provisions reloting to deErminolbn of tox. 216 determine thetox poyoble by such person, deeming os if the notice were issued under sub-seaion (l ) of section 73. (3) Where ony order is required to be issued in pursuonce of the direction o{ the Appellote Authority or Appellote Tribunol or o court, such order sholl be issued within two yeors from the dote of commu n icotion of the soid direction. (4) An opportunity of heoring sholl be gronted where o request is received in writing from the person chorgeoble with tox or penolty, or where ony odverse decision is contemploted ogoinst suc h person. (5) The proper officer sholl, i{ sufficient couse is shown by the person chorgeoble with tox, gronttime to the soid person ond odjourn the heoring for reosons to be recorded in writing: Provided thot no such odiournment sholl be gronted for more thon three times to o person during the proceedings. (6) The proper officer, in his order, sholl setout the relevontfocts ond the bosis of his decision. (7) The omount of tox, interest ond penolty demonded in the order sholl not be in excess of the omount specified in the notice ond no demond sholl be confirmed on the grounds other thon the grounds specified in the notice. 217 (8) Where the Appellote Authority or Appellote Tribunol or court modifies the omount of tox determined by the proper oflicer, the omountof interest ond penolty sholl stond modified occordingly, toking into occount the omount o{ tox so modilied. (9) The interest on the tox short poid or not poid sholl be poyoble whether or not specified in the order determining the tox liobility. ('10) The odjudicotion proceedings sholl be deemed to be concluded, if the order is not issued within three yeors os provided for in sub- section (10) of section 73 orwithin five yeors os provided for in subsection ( l0) of section 74. (l I ) An issue on which the Appellote Authority or the Appellote Tribunol or the High Court hos given its decision which is prejudiciol to the interest of revenue in some other proceedings ond on oppeol to the Appellote Tribunol or the High Court or the Supreme Court ogoinst such decision of the Appellote Authority or the Appellote Tribunol or the High Court is pending, the period spent between the dote ol the decision of the Appellote Authority ond thot of the Appellote Tribunol or the dote oJ decision of the Appellote Tribunolond thot of the High Court or the dote of the decision of the High Court ond thot ol the Supreme Court sholl be excluded in computing the period referred 218 to in sub-section (10) ol section 73 or sub-section (10) of section 74 where proceedings ore initioted by woy of issue of o show couse notice under the soid sections. (12) Notwithstonding onything contoined in section 73 or section 74, where ony omount of self- ossessed tox in occordonce with o return furnished under section 39 remoins unpoid, either wholly or portly, or ony omountof interest poyoble on such tox remoins unpoid, the some sholl be recovered under the provisions of section 79. (13) Where ony penolty is imposed under section 73 or section 74, no penolty lor the some oct or omission sholl be imposed on the some person under ony other provision ol this Act.