Amendment status not verified — confirm the current text below against the official source.
Collection oftax only b] dealers liable to pay tax- (1) \o cieeler'.Lho is no! llable to pay ta\ under this Act shall collect in IespccL ol a!v salc ol' goods bl him anl amoun! oftax underihis Act anonodealerwhoisliablelopeylaxundcr 32 (2) rhis Act. shall make any such colleclion e)icept i accoadance !vith the ptovisions ofthis Aci or in excess ofthe amounloftax payableby him underlhis Act. Ilany dealer contravcnes the provisions ofsub-secljon ( l), he sl,all. notwithstanding anything contained elscwhereinthis Aci, deposlt the amounl collecled by way of tax orthe amount collected by way oftax in excess ofthc amounl payable undel this Act, as the case may be, into a GovemmentTrcasury or thc State Bank ofSikkim or any otllerbank as may be notified by the Govemment within thily days hotn the date ofsuch collection and intimate the prcsc hed authority ofsuch deposit along with a receipt fiom such Trcasury oI Bank showing paymentol suclt amount. The prescribed autholily shall on application made by thebuyer in respecl ofsales ofgoods refelTe.l to in sub-seclion ( 1) and on such terms and conditions as it may deemfit and proper, relund to.such bltyer the tax or the excess tax, as the case may be, coilected from such buyers and dcposited by thedealerin the manner relerred to in sub-section (2): (3) Pr'ovicled that no applicalion from any buyershallbe eule ained Llnless the same ls made within twelve' months fi-om lhe date on which the lax orexcess tax, as t]le case may be, is paid and supported by relevant cash mcmo orbill issued by thedealer. (4) lfa clealer is in default ii depositing in accordance with the provisions ofsub-section (2) the amount collected in contravention ofthe plovisions ofsub-section (1),lhe presqibed authodly may. aftergiving such dealer a rcasonable oppoflunity ofbeing heard' by an order in writjng dlrcct thal he shall pay by way ofpenalty a sum' not less than the amount oftax so collecled ancl notexceeding nvice the arnouDt of taLx so collccted by hjm in contavention oftheplovisions olsub seclion ( 1). (5) The penalty imposed under sub-section (4) shaiibepaid by thedealerinlo a Government Treaslrry orthe State Bank olsikkim or any otherhank as may be notified by the Govemmenl by such dale as may be specifiedby lhep.escdbed authority in the nolice issued forthe purpose and such date shall notbe less than sixty days lrom the dale of seNing ofsuch nolice (6) Any penalty thatremains unpaid afterthe date specified in the notlcercfenedto in srlb-section (5) shall be recolerable in accordance with the provlsions ofseclion 49 3:l