ASSESSMENT
59. Self asessment
Every registered person shall self-assess the taxes payable under
this Act and furnish a return for each tax period as specified under
section 39.
60. Provis ional assessment
(1) Subject to the provisions of sub-section (2), where the taxable
person is unable to determine the value of goods or services or both or
determine the rate of tax applicable thereto, he may request the proper officer
in writing giving reasons for payment of tax on a provisional basis and the
proper officer shall pass an order, within a period not later than ninety days
from the date of receipt of such request, allowing payment of tax on provisional
basis at such rate or on such value as may be specified by him.
(2) The payment of tax on provisional basis may be allowed, if the taxable
person executes a bond in such form as may be prescribed, and with such
surety or security as the proper officer may deem fit, binding the taxable
person for payment of the difference between the amount of tax as may be
finally assessed and the amount of tax provisionally assessed.
(3) The proper officer shall, within a period not exceeding six months
from the date of the communication of the order issued under sub-section
(1), pass the final assessment order after taking into account such information
as may be required for finalizing the assessment :
Provided that the period specified in this sub-section may, on sufficient
cause being shown and for reasons to be recorded in writing, be extended by
the Joint Commissioner or Additional Commissioner for a further period
not exceeding six months and by the Commissioner for such further period
not exceeding four years.
(4) The registered person shall be liable to pay interest on any tax
payable on the supply of goods or services or both under provisional
assessment but not paid on the due date specified under sub-section (7) of
section 39 or the rules made thereunder, at the rate specified under subsection
(1) of section 50, from the first day after the due date of payment of
tax in respect of the said supply of goods or services or both till the date of
actual payment, whether such amount is paid before or after the issuance of
order for final assessment.
(5) Where the registered person is entitled to a refund consequent to
the order of final assessment under sub-section (3), subject to the provisions
of sub-section (8) of section 54, interest shall be paid on such refund as
provided in section 56.
61. Scrutiny of returns.
(1) The proper officer may scrutinize the return and related
particulars furnished by the registered person to verify the correctness of
the return and inform him of the discrepancies noticed, if any, in such manner
as may be prescribed and seek his explanation thereto.
(2) In case the explanation is found acceptable, the registered person
shall be informed accordingly and no further action shall be taken in this
regard.
(3) In case no satisfactory explanation is furnished within a period of
thirty days of being informed by the proper officer or such further period as
may be permitted by him or where the registered person, after accepting the
discrepancies, fails to take the corrective measure in his return for the month
in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section
67,or proceed to determine the tax and other dues under section 73 or section 74.
62. Assessment of non-filers of returns.
(1) Notwithstanding anything to the contrary contained in section
73 or section 74, where a registered person fails to furnish the return under
section 39 or section 45, even after the service of a notice under section 46,
the proper officer may proceed to assess the tax liability of the said person to
the best of his judgement taking into account all the relevant material which
is available or which he has gathered and issue an assessment order within a
period of five years from the date specified under section 44 for furnishing of
the annual return for the financial year to which the tax not paid relates.
(2) Where the registered person furnishes a valid return within thirty
days of the service of the assessment order under sub-section (1), the said
assessment order shall be deemed to have been withdrawn but the liability
for payment of interest under sub-section (1) of section 50 or for payment of
late fee under section 47 shall continue.
63. Assessment of un registered persons
Notwithstanding anything to the contrary contained in section 73
or section 74,where a taxable person fails to obtain registration even though
liable to do so or whose registration has been cancelled under sub-section (2)
of section 29 but who was liable to pay tax, the proper officer may proceed to
assess the tax liability of such taxable person to the best of his judgment for
the relevant tax periods and issue an assessment order within a period of
five years from the date specified under section 44 for furnishing of the annual
return for the financial year to which the tax not paid relates :
Provided that no such assessment order shall be passed without giving
the person an opportunity of being heard.
64. Summary assessment in certain
(1) The proper officer may, on any evidence showing a tax liability
of a person coming to his notice, with the previous permission of Additional
Commissioner or Joint Commissioner, proceed to assess the tax liability of
such person to protect the interest of revenue and issue an assessment order,
if he has sufficient grounds to believe that any delay in doing so may adversely
affect the interest of revenue :
Provided that where the taxable person to whom the liability pertains
is not ascertainable and such liability pertains to supply of goods, the person
in charge of such goods shall be deemed to be the taxable person liable to be
assessed and liable to pay tax and any other amount due under this section.
(2) On an application made by the taxable person within thirty days
from the date of receipt of order passed under sub-section (1) or on his own
motion, if the Additional Commissioner or Joint Commissioner considers
that such order is erroneous, he may withdraw such order and follow the
procedure laid down in section 73 or section 74.
