Section 34(3) in The Goa Value Added Tax Act, 2005
(3)When the dealer is assessed provisionally under sub-section (a) of section 30, the Commissioner shall adjust the amount of provisional refund against tax due, if any, as a result of assessment. If the process of assessment cannot be or is not completed within a period of three months from the date of filing the application or within one month of the assessment notice whichever is later, the provisional refund shall be granted forthwith:Provided that if the delay in completing the assessment under this sub-section is due to non-co-operation of the dealer or non-production of evidence as may be required to be furnished in support of the claim of refund or any other lapse on the part of the dealer, the period of delay shall be excluded while computing the period of limitation under this sub-section and such period shall not be reckoned for grant of interest, if any, admissible by or under sub-section (2) of section 33 of this Act:Provided further that if the lapse on the part of the dealer persists, the Commissioner shall make the provisional assessment absolute and forfeit the bank guarantee furnished to the extent of tax assessed, penalty imposed and interest levied.
