MVAT Act 36Chapter VI · Return and Payment of Tax, Assessment Etc.

Section 36 · Return defaults

(1)

If a dealer required to file return under sub-section (1) or sub-section (2) of section 35

(a)

Fails without sufficient cause to pay the amount of tax as per the return for any tax period; or

(b)

Furnished a revised return under subsection (3) of section 35 showing a higher amount of tax to be done than was shown by him in the originals return; or

(c)

Fails to furnish return;

(d)

Fails to pay tax payable by him according to the return; or

(e)

Fails to pay the different of the amount of tax according to the revised return; or

(f)

Fails to pay tax payable for the period for which he has failed to furnish the return;

(g)

Such dealer shall be liable to pay interest in respect thereof at the rate of 2% per month from the date tax payable has become due to the date of its payment or the date of order of assessment, whichever is earlier.

(2)

'Month' shall mean thirty days and the interest payable in respect of a period of less than one month shall be computed proportionately.

(3)

If a registered dealer, without sufficient cause, fails to pay the amount of tax due and interest along with return or revised return in accordance with the provisions of sub-section (1), the Commissioner may, after giving the dealer reasonable opportunity of being heard direct him to pay in addition to the tax and the interest payable by him a penalty, at the rate of 2% per month on the tax and interest so payable from the date it had become date to the date of its payment or to the date of order of assessment, whichever is earlier.

(a)

fails to comply with the requirements of the notice issued under sub-section (2) of section 35; or

(b)

fails to furnish any return by the prescribed date as required under sub-section (2) of section 35; or

(c)

being required to furnish revised return, fails to furnish the revised return by the date of prescribed under sub-section (3) of section 35; or

(d)

having paid the tax payable according to a return in time, fails to furnish along with the return proof of payment made in accordance with sub-section (4) of section 35;

(4)

the Commissioner may, after giving the dealer reasonable opportunity of being heard, direct him to pay in addition to any tax, interest and penalty under sub-section (3) payable or paid by him, a penalty of a sum of rupees one hundred per day of default subject to a maximum of rupees ten thousand.

(5)

Any penalty imposed under this section shall be without prejudice to any persecution for any offence under this Act.

(6)

For the purpose of this Act, any return signed by a person who is not authorised as may prescribe shall be treated as if no return has been field.

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