CHAPTER XII – ASSESSMENT

Section 59: Self-Assessment

  • Every registered person self-assesses taxes and submits returns for each tax period.

 

Section 60: Provisional Assessment

  • When the value or rate of tax is uncertain:
    • Person can request provisional assessment
    • Tax officer allows provisional payment after bond/surety
    • Final assessment within 6 months (extendable up to 4 years by Commissioner).
  • Interest is payable on provisional tax not paid on due date.
  • Refund due post final assessment carries interest under Section 56.

 

Section 61: Scrutiny of Returns

  • Officer may scrutinize returns, point out discrepancies, and seek explanation.
  • If explanation is satisfactory, no further action.
  • Otherwise, actions under Sections 65, 66, 67, 73, or 74 may follow.

 

Section 62: Assessment of Non-Filers

  • If return is not filed despite notice, officer can assess best judgment within 5 years of due annual return.
  • Return filed within 30 days of assessment order → order withdrawn; interest/late fees still apply.

 

Section 63: Assessment of Unregistered Persons

  • If a person liable to register is unregistered or registration cancelled, officer can assess best judgment within 5 years.
  • Person must be given opportunity of being heard.

 

Section 64: Summary Assessment in Special Cases

  • With prior permission, officer can issue summary assessment if delay may harm revenue.
  • If liable person is not identifiable → person in charge of goods considered taxable person.
  • Order can be withdrawn by higher officer if erroneous, following Sections 73 or 74 procedure.

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