Amendment status not verified — confirm the current text below against the official source.
Assessment im cases of evasion and «sc ype--~ {JT} If in conteyuenee af iifarmation caming intu his posce. joa the Comin in ectomtr is sotlefied that oor dawuble stonde char: dled. tex hod (SCapl ESReSSMeNt mn anv reir period or have be ande: assess, <L, he moy, at any tae within eight coars of the « or ef the netic poniod, serve on the dealer liable to pay dax in neg oc als ach fou is B notices, requiriig hua ta furnish vithin such moleds aa may ie mentions! in the ievties, a return of tamab!s Seat) Bure saced sacl may proce? to assess or reines; the dealer apd ihe provisions of this Act shall, so far may be, apply accord:gly : Provided that the tax shall be charged at the rate at which it would ordinarily have been charged, had there been no escape or under-assessment, {2} The Commissioner may authorise any person appointed ander section 4 to ansist him in investigating any case or points in a casa at amy stage and to make a report thereon to the Commissioner or any prescribed authority in respect of all or amy of the asgesaments made in relation to the case in order fe prevent the evasion of tax. After considering the report of the investigating efficer the Cormi- ssioner may proceed to take action under sub-section (1) besides iniliating any other action under this Act aguinst the dealer concerned, ll. Hectification of assexzment—(l) ihe authority which made an asscastmeni or passed an order on appeal cr revision in respect thereet may, at any time within three years from the date of sich assessment or order and of hu uwn imetion rectify any such mistake apparent fram the record af in+ case and shall, within the itke period, dealer : Provided that no such re:tilication shall be made having the effect of enhancing the asses.ment unless the authority concerned has given notice to the devler of its intention so to do and has allowed him a reasonable opp: rtunity of heing heard. (2) Where any such rictification has the effect af reducing the assessment, a refund shall be due to the dealer. (3) Where amy such reetification has the cffeet of enhancing the assessmnent, a notice of demand shall be issued for the sum payable, 19 Penalty for nom-suvecission of return and evasion of Tax (1) Lf the Coramissioner, in the course of any proceeding under thig Act, is satisfied chat cuy dealer-— (a} hag. without reasonable cause, failed to furnish the returzi which he war requir:d to furnish under section 7 or section 10 or has, without reasonable cause, fatled to furnish it within the time allowed and in the manner required, or (b) has, witheut reasonable cause, failed to comply with 2 notice under sub-cec ition (2) of section #; or fe) hag concerled the particulars of taxable goods purehased or deliberate.y furzished imaceurate particulars of such purchase or (2) has evaled in any way the Hability to pay tax, he may direct that sch deai = shall pay by way of penalty, in addition to the tax payable by him, : sum net cxeceding onc and halt of that amount but whieh shall mot be less than 10% of that amount. (2) Ne order under sub-section (1) shall be made unless the dealer has heen heard or has been #iven a reasonable opportunity of being heard. {@] The penalty parable under ¢his section shall be paid by auch dale as may be specified in ¢ko notice of demand aml, where na such date is specified, {f shall be paid within thirty days of the service of the erties.