Section 72D
Incorrect returns
Where a person—
(a)
makes an incorrect return by omitting or understating any duty of which he is required by this Act to make a return; or
(b)
gives any incorrect information in relation to any matter affecting his own chargeability to duty, unless he satisfies the court that the incorrect return or incorrect information was made or given in good faith, such person shall be guilty of an offence and shall be liable on conviction to a fine of not less than one thousand ringgit and not more than ten thousand ringgit and shall pay a special penalty equal to the amount of duty which has been undercharged in consequence of the incorrect return or incorrect information or which would have been undercharged if the return or information had been accepted as correct.
(2)
Where a person—
80 Laws of Malaysia ACT 378
(a)
makes an incorrect return by omitting or understating any duty of which he is required by this Act to make a return; or
(b)
gives any incorrect information in relation to any matter affecting his own chargeability to duty, and where no prosecution under subsection (1) has been instituted in respect of the incorrect return or incorrect information, the Collector may require that person to pay a penalty equal to the amount of duty which has been undercharged in consequence of the incorrect return or incorrect information or which would have been undercharged if the return or information had been accepted as correct.
(3)
The Collector may, if he thinks fit, reduce or remit the penalty referred to in subsection (2).