6A. [ Assessment of tax. [Section 6-A to 6-H inserted by the Amendment Act 20 of 2006.]
(1)The amount of tax due from a proprietor or person liable to pay tax shall be assessed separately for each year during which he is so liable:Provided that, the Commissioner may, subject to such conditions as may be prescribed, assess the tax due from any proprietor or person, during a part of a year.(2)If the Commissioner is satisfied that the returns furnished by a registered proprietor or a person, in respect of any period are correct and complete, he shall assess the amount of tax due from the proprietor or person, on the basis of such returns.(3)If the Commissioner is not satisfied that the returns furnished by a registered proprietor or a person in respect of any period are correct and complete, and he thinks it necessary to require the presence of the proprietor or person or the production of further evidence, he shall serve on such proprietor or person a notice requiring him on a date and at a place specified thereon, either to attend and produce or cause to be produced all evidence on which such proprietor or person 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 Commissioner shall, after considering all the evidence which may be produced, assess the amount of tax due from the proprietor or person.(4)If a registered proprietor or a person fails to comply with the terms of any notice issued under sub-section (3), the Commissioner shall assess, to the best of his judgment, the amount of tax due from him.(5)Where all the returns are filed by a registered proprietor or person for any year on or before the date prescribed for filing the last return of that year, no order of assessment under sub-section (3) or sub-section (4) in respect of that year shall be made after the expiry of two years from the end of the said year, and if for any reason such order is not made within the period aforesaid, then the returns so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such proprietor or person:Provided that, where such assessment is made in consequence of or to give effect to any order of an appellate or revisional authority or of a Court, the period of two years shall be reckoned from the date of such order:Provided further that, in computing the period of limitation laid down in the above sub-section, any period during which assessment proceedings are stayed by an order or injunction of any Court or authority shall be excluded.(6)If a registered proprietor or a person does not furnish returns in respect of any period by the prescribed date, the Commissioner shall, at any time within two years from the end of the year in which such period occurs, after giving the proprietor or the person a reasonable opportunity of being heard, proceed to assess, to the best of his judgment, the amount of tax, if any, due from him.(7)If the Commissioner has reason to believe that a proprietor or a person is liable to pay tax in respect of any period, but has failed to apply for registration or failed to apply for registration within time as required by section 3G, the Commissioner shall, at any time within three years from the end of the year in which such period occurs, after giving the proprietor or the person a reasonable opportunity of being heard, proceed to assess, to the best of his judgment, the amount of tax, if any, due from the proprietor or person in respect of that period, and any period or periods subsequent thereto.(8)Notwithstanding anything contained in the foregoing provisions of this section, where the Commissioner is not satisfied about the correctness or completeness of the accounts of a proprietor or a person or where no method of accounting has been regularly employed by a proprietor or a person, the Commissioner may, after giving the proprietor or the person a reasonable opportunity of being heard, assess to the best of his judgement, the amount of tax, if any, due from him.(9)Any assessment made under this section shall be without prejudice to any penalty or prosecution for an offence, under this Act.
