Notwithstanding anything to the contrary contained in any other provision of this Act and without prejudice to the provisions of section 54, where it is found that any dealer has issued tax invoice or sale invoice without making actual sale of goods shown in such invoice then the selling dealer and the purchasing dealer who has received such invoice, jointly and severally, be liable for payment of an amount equal to amount of tax shown to have been charged in such invoice:
Provided that before taking any action under this section, persons concerned shall be given an opportunity of being heard.
8-A Liability (1) Notwithstanding anything to the contrary contained in any other provisions of this Act on wrong or false use of certificate or declaration and without prejudice to the provisions of section 54, a person who issues a false or wrong certificate or declaration, prescribed under any provision of this Act or the rules or the notification issued thereunder, to another person by reason of which a tax leviable under this Act on the purchase or sale as the case may be, ceases to be leviable or becomes leviable at the concessional rate, shall be liable to pay an amount which would have been payable as tax on such purchase or sale as the case may be, had such certificate or declaration not been issued:
Provided that before taking any action under this section the person concerned shall be given an opportunity of being heard.
(2) No input tax credit shall be claimed or allowed in respect of the amount payable under this section.
Explanation: Where a person issuing a certificate or declaration to use the goods purchased for such purpose as will make the tax not leviable or leviable at a concessional rate, but uses the same for a purpose other than such purpose, the certificate or declaration shall, for the purposes of this section, be deemed to be wrong.*
**Inserted by THE UTTAR PRADESH VALUE ADDED TAX (AMENDMENT) (SECOND) ORDINANCE, 2014 ( U. P. ORDINANCE NO. 6 OF 2014 )