Section 29(1) in Uttaranchal Value Added Tax Act, 2005
(1)Where after a dealer is assessed under Section 25 or Section 26 for any year or part thereof, the Assessing Authority has reason to believe that the whole or any part of turnover of the dealer in respect of any tax period has-(a)escaped assessment; or(b)been under assessed; or(c)been assessed at a rate lower than the rate at which it is assessable; or(d)been wrongly allowed any exemption or deduction therefrom; or(e)been wrongly allowed any tax credit therein, the Assessing Authority shall, after recording the reasons in writing, serve a notice on the dealer and after giving the dealer a reasonable opportunity of being heard and making such enquiries as he considers necessary, he shall assess or reassess the turnover of the dealer and tax according to law and the provisions of this Act shall as far as may be, apply accordingly:Provided that the tax shall be charged at the rate at which it would have been charged had the turnover not escaped assessment or full assessment as the case may be.Explanation (1). - Nothing in this sub-section shall be deemed to prevent the Assessing Authority from making an assessment to the best of its judgement.Explanation (2). - For the purposes of this Section and of Section 30,"Assessing Authority" means the officer who passed the earlier assessment order, if any, and includes the officer having jurisdiction for the time being to assess the dealer.Explanation (3). - Notwithstanding the issuance of notice under this sub- Section, where an order of assessment or reassessment is in existence from before the issuance of such notice it shall continue to be effective as such, until varied by an order of assessment or reassessment made under this Section in pursuance of such notice.
