Section 5D in Karnataka Tax on Entry of Goods Act, 1979
5D. [ Assessment. [Inserted by Act 14 of 2014 w.e.f. 01.04.2014.]
(1)Every dealer shall be deemed to have been assessed to tax based on the return filed by him under section 5, except in cases where the Commissioner may notify the dealer of any requirement of production of accounts before the assessing authority in support of a return filed for any period and such authority shall proceed to assess such dealer,-(a)on the basis of the return filed where he is satisfied that the return filed is correct and complete, or(b)to the best of its judgment, where the return filed appears to be incorrect or incomplete, after giving the dealer an opportunity of showing cause against such assessment in writing and any additional tax assessed shall be paid within thirty days from the date of service of such assessment on the dealer.(2)Where a registered dealer fails to furnish his return on or before the date provided in this Act or the rules made thereunder, the assessing authority shall issue an assessment to the registered dealer to the best of its judgment and the tax assessed shall be paid within ten days from the date of service of such assessment on the dealer.(3)Where an assessment has been made under sub-section (2) and the dealer subsequently furnishes a return for the period to which the assessment relates, the assessing authority may withdraw the assessment but the dealer shall be liable to penalties and interest as applicable.(4)Where the dealer furnishes a return under sub-section (3), such return shall be furnished within one month of service of such assessment on the dealer.(5)(a)The assessing authority on any evidence showing a liability to tax coming to its notice may with the previous permission of his Joint Commissioner or Additional Commissioner issue a protective assessment in the case of a dealer registered under this Act or a dealer liable to be registered under this Act, if the assessing authority has reason to believe that such dealer will fail to pay any tax, penalty or interest so assessed or imposed or payable and such tax, penalty or interest shall become payable forthwith.(b)On any application made within thirty days from the date of receipt of such protective assessment by the dealer or on his own motion within thirty days from the date of issue of such protective assessment, if the Joint Commissioner or Additional Commissioner considers that any protective assessment issued is erroneous, he may after giving the dealer concerned an opportunity of being heard and after making such enquiry as he deems necessary, pass such order thereon as the circumstances of the case may justify.(6)The authority authorized by the Commissioner in this behalf shall assess, a dealer who fails, within the time specified, to get registered though liable to do so, to the best of its judgment for the tax period or periods that would apply to such dealer if he were to be registered, after giving the dealer an opportunity of showing cause against such assessment in writing and the tax assessed and any interest payable shall be paid within ten days from the date of service of such assessment on the dealer.]
