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37C. Prosecution and punishment for evasion of tax, etc.-
(1)
Where-
(a)
a person does not pay the amount of tax due in time and in the manner
specified for its payment and also fails to pay even after the expiry
of a period of sixty days of issuance of the notice for such payment by
a Sales Tax Officer, not below the rank of an Assistant Collector of Sales
Tax, he shall be liable to punishment for a term which may extend to three
years, or with fine which may extend to amount equal to the amount of
tax involved, or with both;
(b)
a person who is required to get himself registered under this Act fails
to get registered within sixty days of the expiry of the period given
in section 15 read with clause (a) of sub-section (3) of section 33, he
shall be liable to punishment for a term which may extend to three years,
or with fine which may extend to amount equal to the amount of tax involved,
or with both;
(c)
a person refuses to allow access to the premises, stocks, accounts or
records, etc. to the Sales Tax Officer or refuses or fails to present
the same as the case may be, when required under section 25 or 38 of this
Act, he shall be liable to punishment for a term which may extend to three
years, or with fine which may extend to amount equal to the loss of tax
involved, or with both;
(d)
any officer of sales tax or any other person authorized to act under this
Act, acts or omits or attempts to act or omit in a manner causing loss
to the sales tax revenue or to other purposes of this Act, or abets or
connives at any such act or any attempt to practice any such act, he shall
be liable to punishment for a term which may extend to three years, or
with fine which may extend to amount equal to the amount of tax involved,
or with both; or
(e)
a registered person fails to file the return for two consecutive tax periods
without any lawful excuse or violates any embargo placed on removal of
goods in connection with recovery of tax, he shall be liable to punishment
for a term which may extend to one year, or with fine which may extend
to any amount equal to the amount of tax involved, or with both.
(2)
In respect of offences under sub-section (1) the provisions of section
37A and 37B so far as applicable shall apply.
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