(1) Notwithstanding anything contained in rule 36, a dealer, who wishes to submit return making partial payment or without making any payment of net tax or interest, or late fee as referred to in sub-section (2) of section 32 in terms of proviso to sub-section (2) of section 32 shall, before expiry of the period specified under sub-rule (1) of rule 34 for submitting such return, make an application to the appropriate authority duly authorised for such purpose by the Commissioner affixing thereon a court fee of twenty-five rupees, for allowing further time for the payment of net tax or interest, or late fee as referred to in sub-section (2) of section 32 in full or granting instalment for payment of such net tax or interest, or late fee as referred to in sub-section (2) of section 32 payable according to such return.

(2) A copy of the application referred to in sub-rule (1), shall be sent by the dealer to the appropriate assessing authority within seven days from the date of filing of the same before the appropriate authority.

(3) The appropriate authority as referred to in sub-rule (1), before whom such application is submitted, may while disposing of the application, examine such books of account of such dealer or documents as he deems fit and shall also hear the dealer and pass such order within fifteen days from the date of receipt of such application, as he deems fit and inform no. the dealer accordingly.

(4) If the appropriate authority extends the time for full or partial payment of net tax or interest, or late fee as referred to in sub-section (2) of section 32 the dealer shall subject to the provisions of section 33, pay such tax or interest, or late fee as referred to in sub-section (2) of section 32 in separate challan within such extended date and shall submit photocopies of such challan with the return for the quarter or the month in which the date falls.