Section 47 in West Bengal Value Added Tax Act, 2003
47. Assessment as per return.
(1)Where the Commissioner does not proceed to assess any registered dealer under sub-section (1) of section 46 for any year or any return period of such year and where the provisional assessment made under such dealer in respect of such year or return period has been revoked under sub-section (3) of section 45, the Commissioner shall accept the return furnished by the dealer for such year or any return period of such year as correct and complete and assessment in respect of such year or such period shall be deemed to have been made by him.(2)Upon making an assessment under sub-section (1) , the Commissioner shall inform the dealer who is assessed under that sub-section in such manner and within such time as may be prescribed.(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.(4)Where a registered dealer brings to the notice of the Commissioner by making an application to him within six months from the date of assessment deemed to have been made in accordance with the provisions of sub-section (1) in respect of any year that due to his error in fact or in law, and amount of net tax for interest has been paid by him in excess of what was payable in respect of any return period falling within such year, and the Commissioner may, if he is prima facie satisfied about such error in fact or in law, within one year from the date of receipt of such application, for the open such assessment, by an order in writing, for making a fresh assessment of tax for such year under subsection (1) of section 46.
