Section 67 in The Kerala Value Added Tax Act, 2003
67. Imposition of penalty by authorities.
(1)Notwithstanding anything contained in section 71 if any authority empowered under this Act is satisfied that any person, -(a)being a person required to register himself as a dealer under this Act, did not get himself registered; or(b)has failed to keep true and complete accounts; or(c)has failed to submit any return as required by the provisions of this Act or the rules made there under; or(d)has submitted an untrue or incorrect return; or(e)has made any bogus claim of input tax credit, special rebate or refund; or(f)has continued the business during the period of suspension of registration; or(g)has failed to return the un used statutory Forms and Declarations under this Act after the cancellation or suspension of the registration; or(h)has not stopped any vehicle or vessel when required to do so; or(i)has failed to comply with all or any of the terms of any notice or summons issued to him by or under the provisions of this Act or the rules made there under; or(j)has acted in contravention of any of the provisions of this Act or any rule made there under, for the contravention of which no express provision for payment of penalty or for punishment is made by this Act; or(k)has abetted the commission of the above offences, or(l)has abetted or induced in any manner another person to make and deliver any return or an account or a statement or declaration under this Act or rules made there under, which is false and which he either knows to be false or does not believe to be true, such authority may direct that such person shall pay, by way of penalty, an amount not exceeding twice the amount of tax or other amount evaded or sought to be evaded where it is practicable to quantify the evasion or an amount not exceeding ten thousand rupees in any other case:Provided that the authority empowered under this section shall dispose off the case within three year from the date of detection of offence mentioned under this section except where the extension of time is granted by the Deputy Commissioner.(2)Notwithstanding anything contained in sub-section (1), where on completion of an assessment in relation to a dealer under sections 22, 23, 24 or 25, it is found that the tax so determined on such assessment was not paid by the dealer, the assessing authority may direct such dealer to pay, in addition to the tax so determined, a penalty, in the case of a dealer who has made part payment, at twice the balance amount of tax so determined, and in the case of a dealer who has not paid any amount, twice the complete amount so assessed.Explanation. - The burden of proving that any person is not liable to the penalty under sub-section (1) shall be on such person.(3)No order under sub-sections (1) or (2) shall be passed unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter.
