Amendment status not verified — confirm the current text below against the official source.
(1) The authority \vhich m:J cle an assessment or passed an order on arix:nl or revision in re.spect there- of may. at any time within 3 years from the date of such assessment or order and of its own motion, rectify any mistake apparent from the iecord of the case, and shall, within the like· period, rectify any such mistake as has been brought to its not ice by an assessec : Provided that no such rectification shall be made having the effect of enhancing the assessment unless file authority concerned has given notice to the a.sses- see of its intention so to do and has allowed him a reasonable opportunity of being heard . (2) Where any such recnication has the effect of reducing the assessment, a refund shall be due to the asscsscP.. (3) Where any such rectification has the effect of enhancing the assessment. a notice of demand shall be issued for the sum payable. Penalty ~or ' 13: (I) If the Commissioner. in course cf any pro- ";On-su~mis- ceedmgs under this Act, is &atisficd that any producer, 110" 0 i:e· dealer or baler.:_ / turn• and · t.,.ulon of taxes. (a) has, without reasonable ca nse. failed to furnish the return which be was reouired to furnish under Section 7 or Sect ion I J or Section 8, or has, without reasonable ca~se failed to furnish it within · the time allowed and in the manner required, or (b) has, without reasonable cause. failed to com- ply with a notice under sub-section (2) of Section 7, L~;~·~~t~ ·~--.. ~- ·~ . --·"' (c) has concealed the particulars of taxable tea or jute carried or deliberately furn ished inaccurate particulars of such goods, (d) 01 has evaded in any way the liability to pay tax, he may direct that such producer or deafor shall pay by way of penalty, in addi- tion to the tax payable by hini, a sum not I exceeding that amount and in the case of a baler, ~a fine not exceeding rupees one thousand and he may also cancel the license of the baler. (2) No order under sub-section (1) shall be made unless the producu or dealer or baler brui been heard or has been giv.:n :1 reasoiubk upportunity of being heard. (3) No penalty under this Section shall be imposed by an officer appoin!cd to a'>!;i,;r the Commis.sioner without his previ~ui: sanction. Aummea1 l 4. Any a ssr:ss m~u'. made under th is Act shall be no tar 10 ~i thout prcjuJice to any prosecution or penalty institu- proiccuti~ns ted or imp)sccl under the prvv:sions Gf this Act. or peo1Jt1es, Tu: of de-