181E. Procedure for imposition of penalty under sub-section (5) of section 46A while making fresh assessment following deemed assessment

(1) When it appears necessary to the appropriate assessing authority to impose a penalty under sub-section (5) of section 46A, he may issue a notice in Form 29B, proposing imposition of a penalty of not less than twice but not exceeding thrice the amount of tax assessed afresh and remaining unpaid, and calling upon the dealer to show cause, if any, on a date fixed ordinarily not earlier than twenty days from the date of service of the said notice, against the proposed imposition of penalty.

(2) After considering the cause, if any, shown by the dealer in pursuance of the notice referred to in sub-rule (1), the appropriate assessing authority may impose such penalty, not exceeding the amount specified in the notice issued under sub-rule (1), as he may think fit, recording briefly but clearly the reasons for so doing, and, thereafter, such authority shall serve upon the dealer another notice in Form 30A (hereinafter referred to in this sub-rule as the said notice) specifying therein a date, ordinarily not earlier than thirty days from the date of service of the said notice, on or before which the payment shall be made, and the said authority shall also specify in the said notice a date by which the dealer shall produce before him the receipted copy of challan in proof of such payment.