(l) The Deputy Commissioner of Taxes may assess provisional tax on the total income of the taxpayer in any income year.

(2) Provisional tax assessment shall be made at the following times, namely: -

(a)   where the return has been filed at any time during the relevant tax year; and 

(b)   where the return for the relevant tax year is not filed on the taxday or on any day preceding the taxday;

(3) Provisional tax assessment shall be prepared on the basis of the following matters, namely: -

(a)   in the case referred to in clause (a) of subsection (2), on the basis of the return and the accounts and documents, if any, therewith;

(b)   in the case mentioned in clause (b) of sub section (2), any readily available information or material and at the discretion of the Deputy Commissioner of Taxes.

(4) In determining the provisional tax under this section, the Deputy Commissioner of Taxes may take the following proceedings, namely: -

(a)   correction of any mathematical error in the return, accounts and documents;

(b)   adjustment and deduction of any loss or deduction of depreciation allowance under sections 70 and 71 on the basis of information obtained from the return, accounts and documents.

       (5) In respect of payment and recovery, tax payable on the basis of provisional tax assessment shall be treated as if it had been assessed on the basis of regular tax assessment. 

(6) In computing the tax payable under this section the following amounts shall be credited, namely: -

(a)   any tax deducted or collected at source and paid to the Government; and

(b)   any advance tax paid.

(7) Where any amount is paid against the tax claim by way of provisional tax assessment, tax credit for that amount shall be given in computing the tax payable under regular tax assessment for the same tax year.

(8) The act or impairment or damage caused by the assessment of any temporary tax under this section shall not prejudice the initiative taken for the settlement of any problem arising in the regular assessment.

(9) No appeal shall lie against the assessment of provisional tax under this section.