Amendment status not verified — confirm the current text below against the official source.
(1) If the Prescribed Authority, or any person appointed under sub-section (1) of Section 3 to assist him has reasons to believe that a person is holding a stock of any of the luxuries manufactured by him in Meghalaya or brought by him into Meghalaya from any place outside Meghalaya in any premises and that he is attempting to evade payment of tax, such Authority, or the person appointed under sub-section (1) of Section 3 to assist it may, subject to such conditions and restrictions as may be prescribed enter into such premises and conduct search therein and seize such luxuries to secure payment of tax that may become payable on assessment under Section 9. (2) While making seizure the Prescribed Authority or the person who seizes luxuries, shall grant a receipt thereof in the prescribed manner; Provided that when the Prescribed Authority, or the person appointed under sub-section (1) of Section 3 to assist it, thinks it necessary not to seize such luxuries for the time being, he shall seal in the prescribed manner any room, godown or warehouse on any container found within such premises. (3) Until the amount of tax that may be assessed under subsection (2) of Section 9 is paid together with penalty, if any, what may be directed to be paid under sub-section (2) of Section 6 the luxuries so seized shall be retained; Provided that where a stockist furnished a security or bank guarantee to secure payment of the tax pending determination of such tax under sub-section (2) of Section 9. The luxuries so seized shall be retained. (4) If a stockist fails to pay the amount of tax as may become payable under Section 5 or due from him under section 9 and penalty payable under sub-section (2) of Section 6 if any within such period as may be prescribed the luxuries so seized shall subject to such condition and restrictions and in such manner as may be prescribed be sold in open auction or otherwise by the Prescribed Authority, and the sale proceeds thereof shall be remitted to a Government Treasury after deducting there from the incidental expenses if any: (5) The amount of tax due from a stockist after assessment under section 9 together with penalty, if any that may be directed to be paid under sub-section (2) of Section 6 shall be recovered out of the sale proceeds of the luxuries sold under sub-section (4) and the balance amount of the sale proceeds if any shall be refunded to such stockist in the prescribed manner on application made by him within the period as prescribed.