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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. Payment of the modified amount of tax, interest, late fee and penalty due from a dealer.

Where any amount of tax, interest, late fee or penalty due from a dealer proceedings for the recovery of which have not been commenced under section 55, is modified in consequence of an order passed on re-assessment, re-determination, appeal, review or revision, the appropriate assessing authority or the appellate authority or revisional authority shall serve upon such dealer, a notice in Form no. 28 specifying therein the modified amount of tax, penalty or interest 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 a receipted copy of challan as proof of payment of such amount is to be furnished to the assessing authority.

Provided that where an order of provisional assessment or any other assessment is modified in appeal, or revision or review and the appellate authority or the revisional authority issues a notice in Form 27 or Form 27A, as the case may be, to the dealer specifying therein the modified or revised amount of tax, penalty, interest or late fee in accordance with such appellate or revisional order, no further notice shall be required to be issued by the appropriate assessing authority in such a case:

Provided that where the dealer fails to deposit the modified amount by the date specified in the notice in Form no. 28, the appropriate assessing authority shall, immediately after full payment of such tax or commencement of the proceedings under section 55, whichever is earlier, determine under sub-section (1) of section 50, the amount of interest payable by such dealer in the manner laid down in rule 70:

Provided further that where upon modification, an excess amount of tax, interest, late fee or penalty is found to have been paid by the dealer, then it will be refunded in the manner provided in rule 79.