Amendment status not verified — confirm the current text below against the official source.
(1) If the prescribed authority is satisfied that the retu- rn of turnover furnished by a dealer is correct and com- plete. it may, without requiring the presence of tbe dealer or production of any further evidence by him, determine the amount of tax due from bim. (2) (a) If the prescribed authority is not satisfied as aforesaid but requires the presence of the dealer or the production of evidence by him, it may serve on such dealer a notice in the prescribed form requiring him or his representative to attend and produce or cause to be produced on a date to be specified, any evidence that such dealer may rely on in support of his return. (b) On the date specified in the notice issued under clause (a) or on such other date as may be fixed by the prescribed authority under intimation to the dealer, and after hearing or examining or taking into consideration such evidence as the dealer may produce and such other evidence as the said auth- ority may require on specified points, it shall by an order in writing, assess and determine the tax payable by the dealer : Provided that no evidence, not produced by or on behalf of the dealer, shall be taken into consideration without giving a reasonable opportunity to tbe dealer to rebut such evidence. (3) If a registered dealer fails to- (a) furnish any valid return of turnover as required in sub-section (1) of section 11; or (b) comply with the notice issued under sub-section (2) of this section; or (c) satisfy the assessing authority about the correct- ness of the returns furnished; or Procedure tn assessment and re-assessment. (d) appear or produce or cause to be produced evi- dence on the date specified under sub-section (2); the prescribed authority shall, after giving a reasonable opportunity to the dealer of being heard, determine the taxable turnover of the dealer to the best of its judg- ment and assess the tax on the basis of such determina- tion and may, in addition, impose penalty of an amount not exceeding one half of the amount of tax so assessed: Provided that no penalty under this sub-section shall be imposed unless the prescribed authority is satisfied that the failure of the dealer was wilful, deliberate or unjustified and unleas a reasonable opportunity of being heard is given to the dealer: Provided further that in cases covered by clause (a) of this sub-section, no proceedings for assessment shall be initiated after the expiry of four years from the expiry of the relevant period due for assessment or in cases in which the assessment is made as a result of an order in appeal, revision or review, after the expiry of two years from the date of such order. (4) If upon information received, the prescribed authority' is satisfied that a dealer liable to pay tax under this Act in respect of any period wilfully failed to apply for re- gistration under sub-section (1) of section 10 or having applied, wilfully failed to furnish any particulars or infor- mation required for the purpose of registration or having been registered fails to furnish returns within the period prescribed under sub-section (1) of section 11, the said authority shall, after giving the dealer a reasonable oppor- tunityof being beard, assess, according to its best judg- ment, the amount of tax due from the dealer for such period or any subsequent periods and in addition, may impose a penalty of an amount not exceeding one half of the amount. of tax 80 assessed: Provided that no proceedings under this sub-section shal1 be initiated after four years from the expiry of such period. Explanation.- For the purpose of sub-section (3) or sub-section (4), as the case may be, the proceedings shall be deemed to have been initiated when a notice therefor is served or deemed to have been served on the dealer. (5) If upon information which has come into possession, the prescribed authority has reason to believe than any turnover of a registered dealer in respect of any period has for any reason escaped assessment or was under-asse- ssed or assessed at a rate or rates lower than the rate or rates correctly applicable, or any deduction from turn- over had been wrongly made, it shall, within six years of the expiry of such period, serve on the dealer a notice in the prescribed Form and proceed to. assess or reassess the amount of tax due from tbe dealer in respect of such turnover in the manner specified by or under this section: Provided that the amount of tax shall be assessed or re-assessed after allowing such deduction and applying the same rate of tax as was admissible during the said period: Provided further that the said authority may, after giving reasonable opportunity to the dealer of being beard, Im- pose a penalty not exceeding the amount of extra tax found leviable in the proceedings under this sub-section, if it is satisfied that the escape from assessment or under- assessment bad been caused by the deliberate and wilful failure on the part of the dealer- (a) to disclose, at the time of original assessment the particulars of such turnover; or (b) to furnish correct particulars.