(i) The amount of tax due from a registered dealer shall be assessed separately for each year during which he is liable to pay the tax:
Provided that, when such dealer fails to furnish any return as required under sub-section (2) of section 17 relating to any period of any year, by the prescribed date and in the prescribed manner, the Commissioner may, if he thinks fit, assess the tax due from such dealer separately for different parts of such year:
Provided further that the Commissioner may, subject to such conditions as may be prescribed, and for reasons to be recorded in writing, assess the tax due from any dealer during a part of a year.
Collection of tax only by registered dealers.
Assessment of tax.
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(2) (a) The Commissioner, lor the purpose of satisfying himself that the returns furnished by a dealer are correct and complete, may require the presence of the dealer if he thinks it necessary 'or the production of further evidence and shall serve on such dealer in the prescribed manner a notice requiring him, on a date and at a place specified therein, either to attend and produce or cause to be produced all evidence on which such dealer relies in support of his returns, or to produce such evidence as is specified in the notice.
(b) If the Commissioner is satisfied that the returns furnished in respect of any period are correct and complete he shall assess the amount of tax due from the dealer on the basis of such returns,
(c) If the Commissioner is not satisfied that the returns furnished in respect of any p*eriod are correct and complete, he shall, after considering all the evidence which may be produced and after giving the dealer an opportunity of being heard, assess to the best of his judgment the amount of tax due from the dealer.
(d) If a dealer fails to comply with the terms of any notice issued under clause (a) the Commissioner shall assess to the best of his judgment the amount of tax due from him.
(3) If a dealer does not furnish return as required under sub-section
(2) of section 17 in respect of any period by the prescribed date, the Commissioner may serve on the dealer in the prescribed manner a notice requiring him, on a date and at a place specified therein, either to attend and produce or cause to be produced such evidence as is specified in the notice, and after giving the dealer a reasonable opportunity of being heard, assess to the best of his judgment, the amount of tax, if any, due from him.
(4) In assessing the dealer under any of the clauses (b), (c) and (d) of subjection (.2), or sub-section (3), if the Commissioner has reason to believe that the dealer has failed, without sufficient cause, to comply with the requirements of sub-section (2) or sub-section (3) or sub-section
(4) of section 17, shall after giving such dealer a reasonable opportunity of being heard, direct him, either at the time of assessment or thereafter, to pay by way of penalty in addition to the amount of tax assessed a sum not exceeding one and a half times the amount of tax so assessed.
(5) (a) If the Commissioner has reason to believe that a dealer is liable to pay tax in respect of any period but has failed to apply for registration within time as required by section 12, the Commissioner shall proceed to assess the amount of tax due from the dealer in respect of such period, and all subsequent periods, and for this purpose shall serve upon the dealer in the prescribed manner a notice requiring him to be present and produce or cause to be produced all evidence which he may possess or such evidence as is specified in the notice; in assessing the dealer in the manner referred to above a reasonable opportunity of being heard shall be given to him.
(ib) If the dealer fails to comply with the terms of the notice issued under clause (a), the Commissioner may assess to the best of his judgment the amount of tax due from him.
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(c) In any of the assessments made under clause (a) o r clause ('b), if the Commissioner has reasons to believe that the default in applying for registration within time was made without reasonable cause, he shall, after giving the dealer a reasonable opportunity of being heard, direct him, either at the time of assessment or thereafter, to pay by way of penalty, in addition t0 the amount of tax assessed, a sum not exceeding one and a half times that amount.
C'S) No assessment under sub-section (2) or sub-section (3) shall fee made after the expiry of four years, and no assessment under subsection (5) shall be made after the expiry of six years, from the end of the year in respect of which, or part of which, such assessment is made:
Provided that, where such assessment is made in consequence of order of revisional authority or of a Court, the period of four years or six years, as the case may be, shall be reckoned from the date of such order;
Provided further that in computing the period of limitation laid down In this sub-section, any period during which assessment proceedings are stayed by an order or injunction of any Court or authority shall be excluded.
(7) Any assessment made under this section shall be without prejudice to any penalty which may be imposed under other provisions of this Regulation, or to any prosecution instituted for an offence under this Regulation.