Amendment status not verified — confirm the current text below against the official source.
167 The West Bengal Finance Act, 1994. [West Ben. Act (Section 7.) (b) for sub-section (6), the following sub-section shall be substituted:— "(6) Notwithstanding anything contained in sub- section (2), returns furnished by an employer, registered under this Act, in accordance with the provisions of sub- section (2) of section 6 in respect of the year or years comprising period or periods commencing on and from the day immediately following the latest year or part of the latest year comprising period or periods for which assessment has been made under sub-section (2) or deemed to have been made under sub-section (6) as in force before the 11th day of April, 1994, and ending on or before the 31st day of March, 1994 (hereinafter referred to as the eligible period) shall be accepted as correct and complete and all assessments in respect of such eligible period shall, subject to the provisions of sub-section (7), be deemed to have been made on the 30th day of June, 1994: Provided that if— (a) an employer registered under this Act fails to furnish any return for any period or periods of a year or part of a year on or before the 30th day of June, 1994, or (b) the accounts, registers or documents of an employer registered under this Act are seized under sub-section (3) of section 17, the provisions for assessment under this sub-section shall not apply in respect of the year or part of a year referred to in clause (a) or in respect of the employer registered under this Act referred to in clause (b), as the, case may be."; (c) for sub-section (7), the following sub-sections shall be substituted:— "(7) Where the prescribed authority is satisfied on information or otherwise that a registered employer has concealed any salaries and wages paid by him or has furnished incorrect particulars of salaries and wages in the return furnished under section 6 resulting in reduction 168 The West Bengal Finance Act, 1994. XVI of 1994.] (Section 8.) of the amount of tax payable by him under this Act in respect of any of the years or part of a year of the eligible period, the prescribed authority shall, subject to such conditions as may be prescribed, within six years from the date of assessment made under sub-section (6) reopen such assessment in respect of the years comprising such periods and, after giving such employer a reasonable opportunity of being heard, make fresh assessment under sub-section (2) for such year or such part of the year to the best of his judgement, and, in making fresh assessment under sub-section (2) in respect of any such employer for any period, direct such employer to pay, in addition to the tax due, a sum, not less than twice and not more than thrice the amount of tax assessed, by way of penalty. (8) If any registered employer applies on or before the 30th day of June, 1995, for revision of any assessment made under sub-section (6) in respect of any year on the ground that due to his error in fact or in law excess tax has been paid by him for such year and if the prescribed authority is prima facie satisfied about the ground, he may reopen such assessment andmake afresh assessment under sub-section (2)."; (2) in section 9, after sub-section (3), the following sub-section shall be added:— "(4) Interest payable under sub-section (2) or sub-section (3) shall be determined in such manner, by such date, and by such authority, as may be prescribed.".