(2)If upon such inspection, the Deputy Commissioner, Assistant Commissioner or the officer so authorized is of opinion that any instrument chargeable with duty and is not duly stamped he shall require the person liable to pay the proper duty or the amount required to make up the same and also penalty, not exceeding five times the amount of the deficient duty thereof if any leviable, and in case of default the amount of duty and penalty shall be recovered in accordance with provisions of section 46:Provided that before taking any action under this sub-section, a reasonable opportunity of being heard shall be given to the person likely to affected thereby.]
