Section 8   [ View Judgements ]

Assessments


(1) The amount of tax due from a person liable to pay tax under this Act shall be assessed separately for such period as may be prescribed.



(2) If the Assessing Authority is satisfied that the return furnished by a person liable to pay tax, is correct and complete, he shall assess the amount of tax due from the person on the basis of such return.



(3) If the Assessing Authority is not satisfied that the return furnished by a person liable to pay tax, is correct and complete, and the thinks it necessary to require he presence of the person or the production of further evidence, he shall serve on such person in the prescribed manner a notice requiring him on a date and at a place specified therein, either to attend and produce or cause to be produced all evidence on which the said person relies in support of his return, or to produce such evidence as is specified in the notice. On the date specified in the notice, or as soon as may be thereafter, the assessing Authority shall, after considering all the evidence which may be produced, assess the amount of tax due from the person.



(4) If a person fails to comply with the requirements of any notice issued under sub-section (3), the Assessing Authority shall determine the purchase value of the motor vehicle under the proviso to clause (1) of subsection (1) of section 2 to the best of his judgement, and assess the amount of tax due from him.



[1] ["(4A) If a person liable to pay tax falls to furnish the return as required under section 7, then the Assessing Authority shall at any time within eight years from the end of the financial year in which the motor vehicle was Imported, after giving the Importer a reasonable opportunity of being heard, assess to the best of his Judgement, the amount of tax (if any) due from him.".]



(5) No order of assessment under sub-section (3) or (4) shall be made after the expiry of three years from the last date prescribed for filing of returns of the particular period. If for any reason such order is not made within the period aforesaid, then the return so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such person.

FOOTNOTES:

1. Sub-section '4A' was Inserted and shall be deemed always to have been inserted by Mah. Act No. 19 of 1996 with effect from . 29-6-1996



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