Section 61. Penalty for avoidance or evasion of tax

2[(1) Where any dealer has- (a) disclosed taxable turnover of sale of goods in any return furnished by him at a lower rate of tax than the rate of tax as specified under this Act or otherwise furnished inaccurate particulars deliberately in the return furnished by him; or (b) incorporated any transaction of sale or purchase in his accounts, registers or documents required to be maintained by him under this Act at a lower rate of tax than the rate of tax as specified under this Act; or (c) concealed any particulars from any return furnished by him; or (d) concealed any transactions of sale or purchase from his accounts, registers or documents required to be maintained by him under this Act; or (e) failed to get himself registered as required under section 11 of this Act and has avoided tax; or (f) avoided or evaded tax in any other manner, the assessing authority or any officer not below the rank of an Assistant Commercial Taxes Officer as may be authorized by the Commissioner, after giving him a reasonable opportunity of being heard, by order in writing, impose upon him by way of penalty in addition to tax payable by him under this Act, a sum equal to two times the amount of tax avoided or evaded.] (2) Notwithstanding anything contained in sub–section (1), where any dealer has availed input tax credit wrongly, the assessing authority or any other officer not below the rank of an Assistant Commercial Taxes Officer as may be authorized by the Commissioner shall reverse such credit of input tax and shall impose on such dealer– (a) in case such credit is availed on the basis of false or forged VAT invoices, a penalty equal to four times of the amount of such wrong credit; and (b) in other cases, a penalty equal to double the amount of such wrong credit