Section 26 in The Rajasthan Value Added Tax Act, 2003
26. Escaped assessment.
(1)An assessment- (a) of a person who is liable to get registration but has not got himself registered; or(b)in which, for any reason, the levy of tax or any fee or sum payable under this Act has been escaped wholly or in part; or(c)wherein tax has been wholly or in part unassessed or under-assessed in any way or under any circumstances,shall be deemed to be an escaped assessment and the assessing authority or the officer authorized by the Commissioner, shall on the basis of the material on record or after making such enquiry as it may consider necessary, complete such assessment within the time limit provided in sub-section (3).[***] [Deleted 'Explanation' by Rajasthan Finance Act, 2014 (Act No. 14 of 2014), dated 31.7.2014.](2)Where the Commissioner or the Deputy Commissioner (Administration) has reason to believe that a dealer has escaped assessment to tax in any manner provided in sub-section (1), he may at any time, subject to the time limit specified in sub-section (3), either direct the assessing authority or the officer authorized by the Commissioner, to assess the tax or the fee or other sum or himself proceed to assess the same.(3)[ No notice under sub-sections (1) shall be issued after the expiry of five years, and no assessment under this section shall be made after the expiry of eight years, from the end of the relevant year.(3-A) Notwithstanding anything contained in sub-section (3), where any proceeding relating to an assessment is subject to adjudication before the Tax Board or a competent court or any other authority under this Act, assessment in such matters may be passed within two years from the final adjudication of such proceedings. The limitation of two years shall be counted from the date of communication of the order of such final adjudication to the assessing authority.] [Substituted by Rajasthan Finance Act, 2014 (Act No. 14 of 2014), dated 31.7.2014.](4)The assessment, if any, already made shall be subject to the assessment made under this section.
