Section 19 in The West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979.
19. [ Offences and penalties. [[Section 19 substituted by W.B. Act 3 of 1999, which was earlier as under :
'19. Penalty. - Any person or employer who, without reasonable cause, fails to comply with any of the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to five thousand rupees, and where the offence is a continuing one, with further fine which may extend to fifty rupees for every day during which the offence continues:Provided that the provision of this section shall not apply to a person or employer referred to in sub-section (1) of section 9A where he complies with the provision contained therein in relation to the period commencing on the date of his liability to pay tax and ending on the 31st day of January, 2002.]](1)Whoever -(a)[ fails to comply with the requirement under sub-section (1), or sub-section (2), of section 5, or furnishes any incorrect information in a return under sub-section (1) of section 6, or](aa)[ fails to comply with any requirement under sub-section (1), or sub-section (2) of section 6, or] [Clause (aa) inserted by W.B. Act 16 of 2001.](b)furnishes any incorrect information in Form IX as required under section 8 and the rules made under this Act, or(bb)[ fails to comply with any requirement under sub-section (1), or sub-section (2), of section 8, or ] [Clause (bb) inserted by W.B. Act 16 of 2001.](c)[ refuses to comply with any requirement under sub-section (1), or sub-section (2), of section 17, or ] [[Clauses (c) and (d) substituted for original clause (c) by W.B. Act 3 of 2000. Previous clause (c) was as under:'(c) refuses to comply with any requirement under sub-section (1), or sub-section (2), of section 17,'.]](d)[ neglects or refuses to furnish information required by section 23A,] [[Clauses (c) and (d) substituted for original clause (c) by W.B. Act 3 of 2000. Previous clause (c) was as under:'(c) refuses to comply with any requirement under sub-section (1), or sub-section (2), of section 17,'.]]shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both, and where the offence is a continuing one, with a daily fine, not exceeding fifty rupees, during the period of the continuance of the offence:Provided that the provisions of this section shall not apply to an employer or person referred to in sub-section (1) of section 9A where he complies with the provisions contained therein in relation to the period commencing on the date of his liability to pay tax and ending on the 30th day of September, 1992.(2)Whoever knowingly produces incorrect accounts, registers or documents, or knowingly furnishes incorrect information, or suppresses or material information shall be punishable with imprisonment of either description which shall not be less than three months but which may extend to one year or with fine not exceeding five thousand rupees or with both.(3)Whoever obstructs any officer making inspection or search or seizure or taking other actions under sub-section (3), or sub-section (4), or sub-section (5), of section 17 shall be punishable with imprisonment of either description which shall not be less than three months but which may extend to one year or with fine not exceeding five thousand rupees or with both.(4)Any offence punishable under sub-section (1), sub-section (2), sub-section (3) shall be cognizable and bailable.(5)In any prosecution for an offence under this Act which requires a culpable mental state on the part of an accused, the Court shall presume the existence of such culpable mental state until the contrary is proved.Explanation I. - In this sub-section, "culpable mental state" includes intention, motive, knowledge of a fact, or belief in, or reason to believe, a fact.Explanation II. - If any of the offences under sub-section (2) or sub-section (3) continues, such offence shall be deemed to be a continuing offence.(6)No Court shall take cognizance of any offence under this Act or the rules made thereunder except with the previous sanction of the Commissioner and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate shall try such offence.(7)[ No prosecution for any offence enumerated hereinbefore in this section shall be instituted in respect of the same facts for which a penalty has been imposed under this Act and no such penalty shall be imposed where a prosecution is instituted under this section.] [Sub-section (7) inserted by W.B. Act 16 of 2001.]
