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THE WEST BENGAL VALUE ADDED TAX RULES, 2005
CHAPTER IX : Scrutiny, audit, assessment of tax, imposition of penalty for default in furnishing returns, determination of interest, demand, refund of excess payment.

Body 69 A. Payment of the modified amount of penalty under the Act. -

Where any amount of penalty is due from a dealer, casual dealer, transporter or any other person the proceedings for the recovery of which have not been commenced under section 55, is modified in consequence of an order passed on review or revision, the appropriate authority shall serve upon such dealer, casual dealer, transporter or person a notice in Form 28 specifying therein the modified amount of penalty remaining due from him on the date of such order, the date by which payment of such amount remaining due is required to be made by him and the date by which proof of payment of such amount is to be furnished to such appropriate authority:

Provided that if upon modification, an excess amount of penalty is found to have been paid by the dealer, such excess amount will be refunded in the manner provided in rule 79.