Amendment status not verified — confirm the current text below against the official source.
(1) If any registered dealer has not stored in undis- disclosed any warehouse in his application closed warehouse in contravention for registration made under sub-section (2) of section 68. of section 26 or has not furnished information under section 97 regarding change of his warehouse or opening of a new warehouse for amendment of his certificate of registration under sub-section (8) of section 26 and if any stock of goods is found in such warehouse after search made under section 69 by the Commissioner or any person appointed under sub-section (1) of section 3 to assist him, it shall be presumed that such dealer has transported such goods in contravention of section 68 and stored those goods in such warehouse, unless such dealer— (i) explains to the Commissioner, or any person appointed under sub-section (1) of section 3 to assist him, who conducts such search, the reason for not disclosing the warehouse or furnishing the information under section 97, and the stock of goods found stored in such ware- house, and (ii) produces on demand by the Commissioner or any person appointed under sub-section (1) of section 3, and explains to such authority the stock register or any account of stock showing entry of such goods therein and purchase bill or cash memo, challan or any document of like nature within twenty-four hours or within such time as may be granted to him upon an application made in writing by such dealer. (2) Where the dealer prays for time under clause (ii) of sub- section (1), the Commissioner, or any person appointed under sub-section (1) of section 3 to assist him, shall allow a time to produce before him the document referred to in that clause, and shall meanwhile seal such warehouse up to the time allowed by him."; (28) in section ;70,— I :M— (a) in the marginal note, the words, letter and figures "specified in Part A of Schedule IV and notified goods" shall be omitted; (b) in sub-section (1),— (i) for the word, letter and brackets "clause (a)", the words, letters and brackets "clause (a), or clause (c)," shall be substituted; (ii) the words, letter and figure "specified in Part A of Schedule IV or any notified goods" shall be omitted; 73 The West Bengal Finance Act, 1998. [West Ben. Act (Section 6.) (c) in sub-section (2), the words, letter and figures "specified in Part A of Schedule IV or any notified goods" shall be omitted; (d) after sub-section (2), the following sub-section shall be inserted:— "(3) If the dealer fails to produce before the Commissioner or any person appointed under• sub- section (1) of section 3 to assist him the document referred to in clause (ii) of sub-section (1) of section 69A and fails to satisfy him that the goods found in such warehouse have not been transported in contravention of section 68, he shall, for reasons to be recorded in writing, seize the goods and grant a receipt specifying the items of goods so seized."; (29) in section 71,— (a) in sub-section (1),— (i) the words, letter and figures "specified in Part A of Schedule IV or any notified goods" shall be omitted; (ii) for the word "twenty-five", the word "fifty" shall be substituted; (iii) the following proviso shall be added at the end:— "Provided that the sum of penalty that may be imposed under this sub-section shall not exceed— (a) twenty-five per centum of the value of goods if the rate of tax leviable under sub-section (1) of section 17 or sub-section (1) of section 18 in respect of such goods does not exceed ten per centum; (b) forty per centum of the value of goods if the rate of tax leviable under sub-section (1) of section 17 or sub-section (1) of section 18 in respect of such goods exceeds ten per centum but does not exceed fifteen per centum; (c) fifty per centum of the value of goods if the rate of tax leviable under sub-section (1) of section 17 or sub-section (1) of section 18 in respect of such goods exceeds fifteen per centum."; (b) in sub-section (3), the words, letter and figures "specified in Part A of Schedule IV, or the notified goods," shall be omitted; 74 The West Bengal Finance Act, 1998. III of 1998.] (Section 6.) (30) in section 72,— (a) the words, letter and figures "specified in Part A of Schedule IV or notified goods", wherever they occur, shall be omitted; (b) in sub-section (1), the words "exceeding such quantum or value as the State Government may, by notification, specify," shall be omitted; (c) for sub-section (5), the following sub-section shall be substituted:— "(5) The Commissioner may, subject to such condi- tions and restrictions as may be prescribed, intercept at any place, other than those referred to in sub-section (2) and sub-section (4), within West Bengal any goods vehicle and require the transporter to produce before him the declaration and other documents referred to in sub- section (2) and search such goods vehicle for verification of the goods with the declaration and other documents produced, if any, by the transporter."; (31) in' section 73,— (1) in sub-section (1),— (a) for the words "such goods as the State Government may, by notification, 'specify", the words "any con- signment of goods" shall be substituted; (b) in clause (a), for the word "declaration", the words "way bill" shall be substituted; (c) in clause (b), for the word "declaration", the words "way bill" shall be substituted; (2) in sub-section (2),— (a) for the word, letter and brackets "clause (b)", the words, letters and brackets "clause (a) or clause (b), as the case may be," shall be substituted; (b) the words "if the carriage of such goods is caused otherwise than by a sale" shall be omitted; (3) sub-section (3) shall be omitted; (4) sub-section (4) shall be omitted; (5) in sub-section (5), for the words "the declaration", the words "the way bill in the prescribed form" shall be substituted; 75 The West Bengal Finance Act, 1998. [West Ben. Act (Section 6.) (32) in section 74, after clause (e), the following clause shall be inserted:— "(f) such other person or organisation, and in such circumstances, as may be prescribed."; (33) in section 88, in sub-section (1), after clause (b), the following clause shall be inserted:— "(bb) fails to pay full amount of the tax compounded under section 30A by the date specified in the notice issued thereunder; or"; (34) in section 97, after clause (b), the following clause shall be inserted:— "(bb) discontinues or changes his warehouse or opens a new warehouse, or"; (35) after section 99, the following section shall be inserted:— "Partial transfer