Bare ActsThe West Bengal Finance Act, 2011

Section 43A

(1) The Commissioner may, on the basis of dealers information received or otherwise, select

Amendment status not verified — confirm the current text below against the official source.

(1) The Commissioner may, on the basis of dealers information received or otherwise, select. subject to such conditions and Restrictions, as may be prescribed, certain dealers for the purpose of special audit of accounts, records and documents including physical verification of goods held in stock. West Ben. Act XXVI of 1961. 18 THE KOLKATA GAZETTE. EXTRAORDINARY, AUGUST 30, 2011 [PAR r III The West Bengal Finance Act, 2011. (Section 5.) (2) The Special audit shall be conducted at the dealer's place of business with or without prior notice."; (13) in section 46, in sub-section (1).— (a) after clause (eb), the following clause shall be inserted:— "(ec) where a registered dealer is enjoying deferment, tax holiday, or remission as referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 116;"; (b) in the fifth proviso, for the words, figures and brackets "where no scrutiny in accordance with the provision of sub-section (1) of section 41 of a return furnished by a registered dealer has been caused or where no notice, as referred to in sub-section (2) of section 41, has been issued", the words, figures and brackets "where no scrutiny in accordance with the provision of sub-section (1) of section 41 of a return for return period starting on or after the 1st day of April, 2010, furnished under sub-section (1) of section 32 by a registered dealer has been caused" shall be deemed to have been substituted with effect from the 1st day of April, 2010; (c) after the sixth proviso, the following proviso shall be inserted:— "Provided also that no assessment proceedings by issue of notice under this sub-section shall be initiated for any period starting on or after the first day of April, 2008, by any authority including an authority as referred to in section 43— (a) where the amount paid in short on account of net tax or excess claim of input tax credit or input tax rebate or non-reversal of input tax credit, or for any other reason, or on account of short payment of interest or late fee, has been quantified in the audit report for such period under sub-section (3) of section 43; and (b) where the dealer upon receipt of such audit report for such period has admitted in writing the observations made therein and has paid in full the amount paid in short as referred to above and as quantified in such report, within one month from the receipt of the audit report, and (c) where any other reason for assessment as given in different clauses, other than clause (ca), does not exist, and upon fulfilment of the conditions specified in clause (a), clause (b) and clause (c), initiation, if any, already made for assessment for such period shall be dropped."; (14) after section 47. the following sections shall be inserted:— "Special Provision

Section 43A – The West Bengal Finance Act, 2011 | DailyLaw.ai