(1) Where—
(a) a dealer has failed to furnish information as required under section 30B, or
(b) upon verification of the information in the statement furnished under section 30B by a dealer relating to transfer of goods otherwise than by way of sale in West Bengal, it comes to the knowledge of the Commissioner that—
(i) any of the particulars furnished in such statement is not correct or complete; or
(ii) the goods transferred by such dealer otherwise than by way of sale in West Bengal have not been accounted for by the dealer's head office, or branch office, or agent, as the case may be; or
(iii) the agent of such dealer is not traceable or is not in existence at the address furnished in such statement;
or
(iv) the agent of the dealer to whom the transfer of goods has been made otherwise than by way of sale denies to have any knowledge of the goods claimed to have been transferred to him by the dealer; or
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 33 The West Bengal Finance Act, 2005.
(Section 9.)
(v) the goods have not been transported by the transporter named in such statement under any consignment note or railway receipt referred to in the said statement, the Commissioner may, in such manner as may be prescribed, impose on such dealer, by way of penalty, a sum, not less than fifteen per centaur but not exceeding twenty-five per centunz of the value of the goods so claimed to have been transferred by him.
(2) If any penalty is imposed under sub-section (1) for concealment of any sale with an intent to evade payment of tax thereon in respect of any period, such sale shall be excluded in determining the turnover of sales in respect of such period for the purpose of imposition of penalty, if any, under sub-section (1) of section 96.
Compounding 30D. (1) Subject to such conditions as may be of penalty that may be imposed prescribed, any dealer to whom a notice has been issued under section proposing imposition of penalty under sub-section (1) of 3oc.
section 30C, may, before the date fixed in such notice for hearing, at his option, compound the penalty proposed to be imposed, as mentioned in such notice, and the Commissioner may, at his discretion, accept from such dealer, by way of composition of penalty proposed to be imposed under sub-section (1) of that section, an amount equal to ten per centum of the value of goods claimed by the dealer to have transferred by him otherwise than by way of sale in West Bengal in the statement furnished by him under section 30B.
(2) On payment in full of the amount referred to in sub-section (1), the proceedings commenced against the dealer under sub-section (1) of section 30C shall not be proceeded with further.
Statements, accounts or declarations to be furnished by registered dealers and penalty for nonfurnishing the same.