98B. Penalty for furnishing incorrect information under section 98A
(1) Where upon verification of the information in the statement furnished under section 98A by a dealer relating to transfer of goods otherwise than by way of sale in West Bengal, it comes to the knowledge of the Commissioner that-
(i) any of the particulars furnished in such statement is not correct or complete, or
(ii) the goods transferred by such dealer otherwise than by way of sale in West Bengal have not been accounted for by the dealer's head office, or branch office, or agent, as the case may be ; or
(iii) the agent of such dealer is not traceable or is not in existence at the address furnished in such statement ; or
(iv) the agent of the dealer to whom the transfer of goods has been made otherwise than by way of sale denies to have any knowledge of the goods claimed to have been transferred to him by the dealer; or
(v) the goods have not been transported by the transporter named in such statement under the consignment note or railway receipt referred to in the said statement,
the Commissioner may, in such manner as may be prescribed, impose on such dealer by way of penalty, a sum, not less than fifty per centum but not exceeding twenty-five per centum of the value of the goods so claimed to have been transferred by him.
(2) If a penalty is imposed under sub-section (1) for concealment of any sale with an intent to evade payment of tax thereon in respect of any period, such sale shall be excluded in determining the turnover of sales in respect of such period for the purpose of imposition of penalty, if any, under section 76.