(1)(a) Every registered dealer shall submit a return in Form-28 to the assessing authority so as to reach within thirty days after the close of the year to which the return relates, provided that, every dealer who discontinues his business during the course of the year, shall submit to the assessing authority, a return in Form-28 for the period upto and inclusive of the date of discontinuance, within fifteen days from the date of such discontinuance.
(b) Every dealer, who submits a return under clause (a), shall submit alongwith the return, receipt from the Government treasury, for the full amount of tax payable for the year on the basis of the returns after deducting therefrom the tax, if any, already paid for the year.
(c) If the full amount of tax payable under clause (b) is not paid alongwith the return, the assessing authority shall serve upon the dealer a notice in Form-29 and the dealer shall pay the amount demanded in the said notice within the time and in the manner specified in the notice.
5[(d) where a dealer has effected tax payment through cyber treasury or through any other electronic system of payment within the Banks as notified by the Government, the acknowledgments received for such e-payments shall be indicated in the returns. The registered dealer, who is holding registration Certificate under the Goa Value A dded Tax Act, 2005 (Act 9 of 2005), and/or under the Goa Tax on Luxuries Act, 1988 (Act 17 of 1988), and is filing on-line quarterly returns under any of the said Acts, shall be required to file his return under the Act also on-line, by using the same system code.”.]
(2) On receipt of the return in Form-28, the assessing authority shall, if he is satisfied after such scrutiny of accounts and such enquiries as he considers necessary, that the return is correct and complete, finally assess on the basis of the returns, the tax payable under the Act for the preceding year or for the part of the year to which the return relates, as the case may be.
(3) Before making the assessment to the best of his judgment under sub-section (4) of section 14 of the Act, the assessing authority shall,
(i) if no return is submitted by the dealer, issue a notice in Form-8;
(ii) if the return submitted by the dealer appears to the assessing authority to be incorrect or incomplete, issue a notice in Form 9.
(4) If in any case, the assessing authority assesses a figure different from that shown in the return submitted under the provisions of these rules, it shall record its reasons briefly in - 5 - writing and shall furnish the dealer with a copy of such record. Nothing contained in this rule shall affect the validity of any assessment duly made.
(5) After making the final assessment under sub-rule (2) or (4), the assessing authority shall examine whether any and if so, what amount is due from the dealer after deducting any tax, already paid in advance under section 18 of the Act and the amount of tax, if paid under clause (b) of sub-rule (1). If any amount is found to be due from the dealer towards the final assessment, the assessing authority shall serve upon the dealer a notice in Form-10 hereto and the dealer shall pay the sum demanded within the time and in the manner specified in the notice. If the tax due on the final assessment is lower than the tax already paid, it shall serve upon the dealer, a notice in Form-11 hereto for refund of the excess tax alongwith a refund payment order in Form-21 hereto for the amount of refund due. If the final assessment is exactly equal to the tax already paid, the assessing authority shall inform the dealer what the final assessment is and that no further amount is due from him towards it:
Provided that the excess tax refundable to the dealer may be adjusted towards any other amount due by him under the Act, and for this purpose a refund adjustment order in Form-22 hereto shall be issued.
(6) The Commissioner may, by order, in writing, at any time transfer any case pending before any assessing authority to another assessing authority, and the authority to which the case is so transferred may proceed either de novo or from the stage to which it was transferred. Where a case pending before an assessing authority is transferred to another assessing authority, the assessing authority to which the case is so transferred shall have the same powers and perform the same duties as those respectively conferred and imposed upon the assessing authority from which the case was so transferred.