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25.
Access to record, documents, etc.-
(1) A person who is required to
maintain any record or documents under this Act or any other law shall, as and
when required by an officer of Sales Tax, produce record or documents which are
in his possession or control or in the possession or control of his agent; and
where such record or documents have been kept on electronic data, he shall allow
access to such officer of Sales Tax and use of any machine on which such data is
kept.
(2) The officer of Sales Tax, on the basis of the record, obtained under sub-section (1), may, once in a year, conduct audit:
Provided that in case the Collector has information or sufficient evidence showing that such registered person is involved in tax fraud or evasion of tax, he may authorize an officer of sales tax, not below the rank of Assistant Collector, to conduct an inquiry or investigation under section 38.
(3) The Assistant Collector (Audit), shall issue audit observation pointing out the contraventions of the Act or rules, as the case may be, and the amount of tax evaded therein, on the basis of scrutiny of such records, as prescribed under the Act or rules or in any other manner by the Board. The registered person may, within a period of fifteen days of the receipt of audit observation, submit his point of view in writing.
(4) If, within the period prescribed in sub-section (3), no reply is received or the reply furnished by the registered person is found unsatisfactory, the Assistant Collector shall issue an audit report specifying the amount of tax or charge that has not been levied or has been short levied or has been erroneously refunded or any other violation of any provision of Act or rules made thereunder.
(5) Notwithstanding the penalties prescribed in section 33, if a registered person wishes to deposit the amount of tax short paid or amount of tax evaded along with additional tax voluntarily, whenever it comes to his notice, before receipt of notice of audit, no penalty shall be recovered from him:
Provided if a registered person wishes to deposit the amount of tax short paid or amount of tax evaded along with additional tax during the audit, or at any time before issuance of show cause notice in lieu of the audit report, he may deposit the evaded amount of tax, additional tax under section 34, and twenty five per cent of the penalty payable under section 33:
Provided further that if a registered person wishes to deposit the amount of tax short paid or amount of tax evaded along with additional tax after issuance of show cause notice, he shall deposit the evaded amount of tax, additional tax under section 34, and full amount of the penalty payable under section 33 and thereafter, the show cause notice, shall stand abated.
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