69 Payment of the modified amount of tax, interest and penalty due from a dealer

Payment of the modified amount of tax, interest and penalty due from a dealer.

69.

Where any amount of tax, interest or penalty due from a dealer proceedings for the recovery of which have not been commenced under section 55, is modified in consequence of an order passed on re-assessment, re-determination, appeal, review or revision, the appropriate assessing authority shall serve upon such dealer, a notice in Form No. 28 specifying therein the modified amount of tax, penalty or interest remaining due from him on the date of such order, the date by which payment of such amount remaining due is required to be made by him and the date by which a receipted copy of challan as proof of payment of such amount is to be furnished to the assessing authority:

Provided that where the dealer fails to deposit the modified amount by the date specified in the notice in Form No. 28, the appropriate assessing authority shall, immediately after full payment of such tax or commencement of the proceedings under section 55, whichever is earlier, determine under sub-section (1) of section 50, the amount of interest payable by such dealer in the manner laid down in rule 70:

Provided further that where upon modification, an excess amount of tax, interest or penalty is found to have been paid by the dealer, then it will be refunded in the manner provided in rule 79.