50. Payment and recovery of tax, interest and penalty.
(1)Tax payable under this Act shall be paid in the manner hereinafter provided in this section at such intervals as may be prescribed.(2)A registered dealer furnishing any return under sub-section (1) of section 33 shall pay into Government Treasury, in such manner and at such intervals as may be prescribed, the amount of tax due from him for the tax period covered under the return and, where he furnishes such return after the prescribed date, shall pay the tax so due alone with the amount of interest, penalty, or both as payable by him under section 34, and shall furnish a receipt from the Treasury showing the payment so made.(3)A registered dealer furnishing a revised return in accordance with sub-section (4) or sub-section (5) of section 33, which shows that a higher amount of tax is due than that was paid or payable in accordance with the original return, shall furnish alongwith such return a receipt showing payment of the differential amount of tax payable alongwith the interest, penalty, or both, as payable under section 34, in the manner provided in sub-section (2).(4)The amount of-(a)Tax due where return have been filed without full payment of tax due: or(b)Tax assessed under section 39, 40, 42, 43, 44, or 45 less the sum already paid in respect of any tax period, together with interest required to be paid and the penalty, if any, imposed under section 42, 43 or section 44; or(c)Penalty imposed under any provision of this Act not covered by clause (b); or(d)Any other dues under this Act,shall be paid by the dealer in the manner provided under sub-section (2) within thirty days from the date of service of the notice issued by the assessing authority for the purpose.(5)Where a dealer fails to make payment of the tax assessed, interest payable or penalty imposed or any other amount due from him under this Act within thirty days of the date of service of the notice of demand, the assessing authority shall, after giving the dealer a reasonable opportunity of being heard, direct that such dealer shall pay, in addition to the amount due for payment, by way of penalty, a sum equal to two per centum of such amount of tax, interest, penalty or any other amount due, for every month for which payment has been delayed by him after the date on which such amount was due to be paid :Provided that where any appeal under section 77 or 78 or revision under section 79 has been filed,(i)Such penalty shall be payable from the date so specified on the amount ultimately found due from the dealer; and(ii)If the tax or penalty, if any, is enhanced in such appeal or revision, such penalty on the excess amount shall be payable from the date by which the dealer is required to pay such excess amount.(6)When a dealer is in default in making the payment of any amount payable by him under sub-section (4) and (5) he shall be liable to pay simple interest on such amount at the rate of two per centum per month with effect from the date of such default till the payment of the amount.(7)All amounts that remain unpaid after the due date of payment in pursuance of the notice issued under sub-section (4) and sub-section (5) shall be recoverable as arrears of public demand or in accordance with the provisions contained in Schedule E.(8)Where, in pursuance of sub-section (7), any proceedings for the recovery, as arrears of public demand or in accordance with the provisions of Schedule E, of any tax, interest or penalty or part thereof or any other amount remaining unpaid, have been commenced and the amount of tax, interest, penalty or any other amount is subsequently enhanced or reduced as a result of any assessment made or order passed in appeal under section 77 or 78 or revision under section 79 or rectification under section 81, the assessing authority may, in such manner and within such period as may be prescribed, inform accordingly the dealer and the authority by whom or under whose order the recovery is to be made and, thereupon, such proceedings may be continued as if the amount of tax, interest, penalty or any other amount as enhance or reduced, had been substituted for the tax, interest penalty or any other amount, as the case may be, which was to be recovered under sub-section (7).
