Section 47(3) in West Bengal Value Added Tax Act, 2003
(3)Where an assessment is deemed to have been made under sub-section (1) in respect of a registered dealer relating to any year or part of the year and where it appears to the Commissioner on information or otherwise that in a return furnished by such registered dealer under section 32 in respect of any period of such year or part of year, -(a)certain sale price for part thereof, contractual transfer price or part thereof, has not been disclosed in such return, or has escaped levy of tax thereon at the appropriate rate, erroneously or otherwise, or(aa)[ certain purchase price or part thereof has not been disclosed in such return, or has escaped levy of tax thereon at the appropriate rate, erroneously or otherwise, or] [Inserted w.e.f. 01.08.2006 by S. 12(24) of WB Act XVIII of 2006.](b)the deductions from the turnover of sales were claimed under subsection (1) of section 16 in such return, erroneously or otherwise, in excess of what is admissible under sub-section (1) of that section, or the deductions so claimed in such return are not supported by evidence referred to in sub-section (1) of that section, or(c)excess amount of input tax credit or input tax rebate has been enjoyed by the dealer for that period, and no reverse credit for such excess amount has been made by such dealer, which has resulted in a reduction of the amount of net tax payable by such registered dealer or the State Government has suffered loss of revenue on any of the grounds referred to in clause (a) , or clause (b) , or clause (c) , after this sub-section on account of such registered dealer in the spirit of such year or part of such year, the Commissioner shall, within a period of four years from the date of assessment deemed to have been made in accordance with the provisions of sub-section (1) , after giving such registered dealer a reasonable opportunity of being heard, reopened such assessment by an order in writing in the prescribed manner for making a fresh assessment of tax under sub-section (1) of section 46:Provided that the fresh assessment under sub-section (1) of section 46 for such year shall be made, notwithstanding the provisions of section 49, on any date within two years from the date of passing the order in writing for reopening the assessment in respect of such year, which is deemed to have been made in accordance with the provisions of sub-section (1) of this section.
