(1) Where a person or a dealer is charged under this Act with the offence of avoidance or evasion of tax in any manner and at any time; he may make an application in the prescribed form and manner to the Deputy Commissioner (Administration) having jurisdiction, admitting his offence and making request therein for composition of the offence in lieu of penalty or prosecution.
(2) The Deputy Commissioner (Administration) may, whether or not an assessment order under any section of this Act has been passed, accept from the person who made the application under sub–section (1), by way of composition of the offence in lieu of penalty or prosecution [“a sum equal to”] of the amount of tax avoided or evaded.
[(3) Notwithstanding anything contained in sub–sections (1) and (2), on an application by a person admitting the offence committed by him under sub–section (8) of section 75 or under sub–section (6) or (9) or (11) of section 76, the officer [authorized under sub–section (4) of section 75 or the officers authorized under sub–section (4) of section 76 or Incharge of a check– post], as the case may be, may accept composition money from such person in lieu of penalty or prosecution, which shall be,–
(a)in case of offence committed under sub–section (8) of section 75 or sub–section (6) of section 76, equal to the amount of four times of the tax leviable on the goods involved or twenty five percent of the value of such goods, whichever is less;
(b)in case of offence committed by him under subsection (9) of section 76, equal to fifteen percent of the value of the goods;
(c)in case of offence committed under sub–section (11) of section 76, equal to twenty five percent of the value of such goods.
(4) The composition of any offence in lieu of penalty or prosecution under sub–section (2), shall be without prejudice to the liability of the person or dealer, charged with the offence, to pay the tax with interest so avoided or evaded or wrongly credited by him.
(5) On the payment of the amount of composition determined under sub–section (2) and (3), no further proceeding under the provisions of this Act for imposition of penalty or launching of prosecution for the same offence, shall be initiated.
(6) Notwithstanding anything contained in section 51, no amount of composition accepted and no amount of interest levied under this section, shall be waived or reduced by the Commissioner.
(7) Notwithstanding anything contained in section 82, no appeal shall lie or subsist against an order of composition made under this Act.