Amendment status not verified — confirm the current text below against the official source.
(1) Where— (a) no return is furnished by a registered dealer for any return period of a year; or (b) a registered dealer fails to make payment of the amount of net tax in deficit within the date specified in a notice issued under sub-section (2) of section 41; or (c) upon verification of return under sub-section (1) of section 42, or upon any enquiry, or upon information received under section 43, or otherwise, the Commissioner is not satisfied that the returns furnished by a registered dealer are correct and complete; or (d) upon search or seizure of accounts, registers or documents, or of goods of a registered dealer, the Commissioner has reasons to believe that the registered dealer has not accounted for any turnover of sales or turnover of purchases in the return furnished by such dealer or in the accounts, registers or documents referred to in section 63; or (e) a refund has been made to a registered dealer under clause (a) of section 61 or section 62; or (1) a registered dealer brings to the notice of the Commissioner, in writing, within six months from the end of any year that due to error in fact or in law, an amount of tax has been paid by him in excess of what was actually payable by him for any return period of that year and the Commissioner is satisfied on the grounds adduced by such registered dealer; or (g) a registered dealer brings to the notice of the Commissioner in the prescribed manner that excess amount of input tax credit accumulated during a year has remained unadjusted at the end of next year also and he wants refund of the said excess amount, the Commissioner shall, after giving a notice to such dealer, proceed in such manner as may be prescribed to assess to the best of his judgement the amount of tax payable by such dealer in respect of such year or in respect of any return period of such year, as he may deem fit and proper: Provided that no assessment shall be made under this section for the period for which assessment has been made under sub-section (2) of section 45 and not revoked under sub-section (3) of section 45 and action has been taken under section 55 or appeal is pending under section 84 or application for revision is pending under section 86: Provided further that if on appeal or revision the assessment order passed under section 45 is either annulled or set aside, no further action shall be taken under section 45 and assessment for that period shall be made afresh under this section and such assessment shall be completed within two years from the date of order made in appeal or revision. (2) While making an assessment under sub-section (1), the Commissioner may, if he is satisfied that the dealer has defaulted in furnishing any return as required under section 32 without any reasonable cause, direct that the dealer shall pay by way of penalty, in addition to the amount of tax so assessed, a sum not exceeding fifty per centum of the amount so assessed. 30 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 27, 2004 [PART III The West Bengal Value Added Tax Act, 2003. (Chapter VU.—Provisional assessment and assessment upon hearing and determination of interest.—Section 47.) Assessment as per return. (3) (a) Where— (i) a dealer has concealed any sales or any particulars thereof, or (ii) a dealer, being a registered dealer or a dealer required by the Commissioner to furnish return under sub-section (1) of section 32 has furnished incorrect statement of his turnover of sales or purchases or incorrect particulars of such sales or purchases in the return furnished by him under sub-section (2) of that section or otherwise, with intent to reduce the amount of tax payable by him, the Commissioner may, after giving such dealer a reasonable opportunity of being heard, by an order in writing direct that he shall, in addition to any tax levied or penalty imposed under this Act, pay, by way of penalty, a sum not exceeding twice the amount of tax which would have been avoided by him if such concealed sales or purchases or particulars thereof or incorrect statement of turnover of sales or purchases or particulars thereof or purchases were not detected and taken into account or if turnover of sales or particulars of sales furnished in returns or shown in his books of account were accepted as correct, as the case may be, in making an assessment or passing any order upon appeal, revision or review under the Act. (b) Any penalty imposed under sub-section (1) shall be paid by the dealer into a Government Treasury or the Reserve Bank of India by such date as may be specified by the Commissioner in a notice issued for the purpose, and the date to be so specified shall not be less than fifteen days from the date of issue of such notice: Provided that the Commissioner may, for reasons to be recorded in writing, extend the date of such payment or allow the dealer to pay the penalty imposed in such number of instalments as thetommissioner may determine. (c) Any amount of penalty that remains unpaid after the date specified in the notice referred to in sub-section (2) or, where such date has been extended under the proviso to that sub-section, after the expiry of extended time, shall be recoverable in accordance with the provisions of section 55. (4) The Commissioner shall= (a) in making the assessment under sub-section (1) and imposing the penalty under sub-section (2), give the dealer a reasonable opportunity of being heard; and (b) after making such assessment or imposing such penalty, issue to the dealer a notice directing him to pay the tax or penalty found to be due upon such assessment in such manner as may be prescribed. (5) No penalty under sub-section (2) shall be imposed in respect of the same fact for which a prosecution under clause (b) of sub-section (1) of section 93 has been instituted and no prosecution shall lie vice versa.