Section 4B in The Maharashtra Entertainments Duty Act, 1923
4B. [ Assessment of entertainments duty. [Section 4B was inserted by Maharashtra 17 of 1987, Section 3.]
(1)If the [local authority] is satisfied that the returns required to be furnished by or under this Act in respect of any entertainment in respect of which the entertainments duty is payable under section 3 are correct and complete, it shall assess the amount of entertainments duty due on the basis of such returns.(2)If the [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] is not satisfied that the returns furnished by a proprietor of any entertainment are correct and complete, and the [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] think it necessary to require the presence of the proprietor, or the production of further evidence, the [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] shall serve on such proprietor a notice in the prescribed manner requiring him on a date and at a place to be therein specified either to attend and produce or to cause to be produced all evidence on which such proprietor relies in support of his returns, 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 [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] shall, after considering all the evidence which may be produced, assess the amount of entertainments duty due from the proprietor.(3)If the proprietor fails to comply with the terms of the notice, the [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] shall assess, to the best of its judgement, the amount of entertainments duty due from him [after considering the amount of duty paid by the proprietor during the period of one year immediately before the submission of the unsatisfactory return, the monthly expenses for running the place of entertainment and any other relevant factors required to be considered for arriving at the amount of such duty.] [These words were added by Maharashtra 7 of 1987, Section 7(a).](4)If a proprietor does not furnish returns in respect of any entertainment referred to in sub-section (1) within the time prescribed in that behalf, the [local authority] [Substituted 'State Government' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] shall, after giving the proprietor a reasonable opportunity of being heard [and after considering the amount of duty paid by the proprietor during the period of one year immediately before the non-submission of the returns, the monthly expenses for running the place of entertainment and any other relevant factors required to be considered in that behalf,] [These words were inserted by Maharashtra 7 of 1907, Section 7(b).] assess to the best of its judgement, the entertainments duty due from him, and may also direct that the proprietor shall pay, by way of penalty, in addition to the amount of duty so assessed a sum not exceeding one and a half times that amount.(5)Any assessment made under this section shall be without prejudice to any prosecution for an offence under this Act.]
