Section 22(5) in Tamil Nadu Value Added Tax Act, 2006
(5)In addition to the tax assessed under sub-section (4), the assessing authority shall, in the order of assessment passed under sub-section (4) or by a separate order, direct the dealer to pay by way of penalty, a sum which shall be, one hundred and fifty percent of the difference of the tax assessed and the tax already paid as per the returns:Provided that no penalty under this sub-section shall be imposed after the period of six years from the date of assessment order * unless the dealer affected has had a reasonable opportunity of showing cause against such imposition.Explanation. - For the purpose of levy of penalty under this sub-section, the tax assessed on the following kinds of turnover shall be deducted from the tax assessed under sub-section (4):-(i)Any turnover representing additions to the turnover as per the returns made by the assessing authority without reference to any specific concealment of turnover;(ii)Any turnover estimated by the assessing authority with reference to any specific concealment of turnover as per the returns;(iii)Any turnover on which tax is paid at the concessional rate subject to the condition of furnishing any declaration but where such declaration could not be furnished at the time of assessment.Prior to the amendments made from 19th June 2012 by the aforesaid Fifth Amendment Act 23 of 2012, these two subsections (4) and (5) were as under, the Explanation below the latter being newly added:-
