Amendment status not verified — confirm the current text below against the official source.
(1) Where.it appears to the prpper officer ?taIJJ.tax has llQt ? paid or short paid or erroneously.refunded Of!?here input tax crajit has been wrpl)glyavailed or utilised by reuon ?f fraud, or any willful-mis.statement or suppressionof facts to ?e tax, he shagsei:y,e notice on the person chargeable,with tax which.? 11ot been so paidor which has been so short paid or to whom the refund has erroneouslybeen made, or who.has wrongly availed or. utilised inputtax· credit, ?utringbimto show cause ?hy he shouldnotpaythe a11.1buntspecified in the notice ?ongwith interest payablith?tto,? under section 50 and a penaltyequivalent to the tat specified in the notice. ·, . · (2) 'Iheproper officer. shall issue the notice under sub- section (1) at least .sixmonths prior to the time limit specifiedin sub-section. (10)for issuance of otder. (3) Where a. notice has been issued for any periodunder sub-section (1), the proper officer may serve a statement, containingthe cletails of tax not paid or short paid or erroneouslyrefunded otinput tax aedit wrcmgly)vailed or utilised for such periodsother than th<>,e.rfJ()Vered under sub-section (0, on the person ch? with tax. (4) The service of statement under sub-section (3) shall be deemed to be service of notice under sul>-section(1) of section73, subjectto .the condition that thegrounds relied upon in the said statement, excepftheground . <i ? or any willful-misstatement or ?n of .·tacts to evade?for periods.otherthanthQ$e .. ? under sub-section(1) are the .same. as'are mentioned in the earlier notice: ' . . ' .. < (5) The person chargeablewith tax may, beforeservice of notice under sub-section (1), pay the amount of tax alongwith ?fftSI payableunder section 50 and a. penaltyequivalentto fifteen pa cent of suclftax on the basis of his own ascertainment of such tax or the tax as ascertained bythe proper.officerand inform the proper offi.cel'? writingof sus)lpayment '( {6) J,\leproper office,;.on r?pt of su? informatj.on, shall i}lot serve any nc>Jiceun? .sub-?on (1),iJJ:.respect of the tax so ?d or any penaltypayable.? the provisionsof this Act or the rules made ther?\W?r. Dettrmination of tu not paid or short paid or erroneouslyrefunded or inputtax credit wrongly availed or utilised by reason of fraud or any willful-nilsstatement or suppression of facts. 90 (7) Where the proper officer is of the opu,uon that the amount paid under sub-section (5) falls shortof the arliount actuallypayable.he· shall proceed.toissue the 11&.ce aS providedfor in· sub-section (1) bl·;respectof siich iltnount which 1alJs short· of the ;IDlO\lllt actually payable. ,. ·• d, .. ?:· -r ., (8) 'Wh??tany pmon chargeablewith. tax widersub- ??P (J)paysthe said.? alongwith in? payable ·un? ?on SO.and a penaltyequivalentto twenty five · ?i '?nt of such tax wi? thirty? of is.meof the notice,''allproceedingsin respect of tlle said qotice shall be deemed to be concluded. . . ?i!'r (9)\ The proper officer shall. .. after considering the ' · representation, if any. made,?rthe.per&Ol1 chargeable with tax, determine the amount of· tax, interest and pepaltydue from such person and issue an order. (1O)r1he'Jm>perofficer shall issoethe order under sub-section ·· · ;(9) within· a period of five years from the due .date for · :filmg<,fanaual return for the financial year to which the tit.·aot paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous mund. Cpl·\VJiF aD)'.person5dved widi an order,'tssued under h,.,,,t:.???on (9) pays !}letax alongwith iJlterestpayable . ·· · tlier.?.911del" section 50 and a penaltyequivalent to fifty per;centof S\!chtax within thirtydaysof e<>mmtmication of the.or.4er., 'allproceedings·uj respect of the said notice · shall be deemed to be conduded, . Explanation1.-: For the purpqses of section 73 and this ?on, - (i) . the ?ression .'"allproceedings,. in rqpect of the said flptice'"shall not include proceedings under section 132; (ii) where the notice under the same proceedingsis issued to the main person liable to.pay tax·•4nd some other persons, and such proceedingsagainstthe main person ha.-e been conduded!ihder section 73 or sedlon 74, t1te Rroceedings agamsfallt1ieperions liable ufpay penalty :'Jmdersections122, 125,129 and130 are deemed to be :e '.d>hcluded. · i · 91 Explanation2.- For the . purposes of this Act, the expression "suppression"shall mean non-declaration of facts. or information which a taxab?personisttqwred,todeclare in the return, statement, report ot my· other ?fufuished undtr this Actor the rules niade .thereunder, or failure to fwn!sh_? information on being asked for, in writing,byth.eproper officer.