Manner of imposition of penalty under section 30C.
133. (1) Where, a dealer has failed to furnish information as required under section 30B or, upon verification of the information in the statement furnished under section 30B by a dealer, it appears to the appropriate assessing authority that it is necessary to proceed against such dealer under section 30C, such authority shall serve upon such dealer a notice in Form No. 4 directing such dealer to appear before him in person or through an authorised agent, and -
(a) to produce before him the books of accounts, registers or documents including those in the form of electronic records for examination;
(b) to explain the books of accounts or documents produced by such dealer or evidence which came into possession of such authority; and
(c) to show cause on the date specified in such notice why penalty, not less than fifteen per centum, but not exceeding twenty-five per centum, of the value of the goods claimed to have been transferred by him shall not be imposed.
(2) The dealer may, if he so wishes, prefer any objection in writing, or adduce any evidence in support of his contention, on the date of hearing.
(3) After examining the books of accounts, documents or evidence, produced by the dealer and considering his objection, the appropriate assessing authority shall impose penalty, not exceeding the amount specified in the notice issued upon the dealer under section 30C as he deems fit and reasonable and shall serve a notice in Form No. 5 upon such dealer directing him to make payment of the amount specified in the notice within fifteen days from the date of service of such notice and to produce the receipted challan in proof of such payment before such authority. |