Amendment status not verified — confirm the current text below against the official source.
(1) Where a registered dealer fails to furnish return in respect of any period within the prescribed date and where no action has been taken against him under section 28, the Commissioner or any other person appointed under section 3 to assist him, may, notwithstanding anything contained in section 46, proceed to assess the dealer provisionally for the period of such default after giving him a reasonable opportunity of being heard. (2) If the dealer fails to make an application to the Commissioner for extension of date of payment of the unpaid amount of tax and interest referred to in sub-section (2) of section 32, before the date of hearing under sub-section (1) of section 45, the said authority shall assess the dealer on the basis of past returns, or past records, where no such returns are available, on the basis of information received by the Commissioner and shall impose penalty not exceeding twice the amount of tax so assessed and direct the dealer to pay the amount of tax assessed and penalty imposed by issuing a notice in such manner and within such date, as may be prescribed. (3) If the dealer furnishes return along with receipted challans showing full payment of tax and interest payable according to such return and fifty per cetztum of penalty demanded in the notice of demand served under sub-section (2), on or before the date of payment mentioned in such notice, the provisional assessment shall stand revoked to the extent of demand of tax, interest and balance fifty per centum of penalty, on the date on which such return is filed by the dealer. (4) Notwithstanding anything contained in any sub-section of this section, if the dealer produces documentary evidence for furnishing return and receipted copy of challan showing full payment of tax and interest, if any, on or before the date fixed under sub- section (1) for hearing, the said authority shall close the proceeding initiated under this section. (5) Nothing contained in this section shall prevent the Commissioner from making assessment under section 46 and any tax or interest paid against provisional assessment or assessments, as the case may be, shall be adjusted against tax and interest payable on assessment made under that section. Explanation.—For the purposes of this section, "reasonable opportunity" shall ordinarily mean not more than two adjustments. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 27, 2004 29 The West Bengal Value Added Tax Act, 2003. (Chapter V1L—Provisional assessment and assessment upon hearing and determination of interest.—Section 46.) Assessment, imposition of penalty for concealment of turnover after giving notice to the registered dealer.