কর ও অন্যান্য অঙ্ক পরিশোধ এড়াইয়া যাওয়া

(1) If, based on the information from an audit assessment or any other proceeding under this or from any other source, the Deputy Commissioner of Taxes has reason to believe that any sum payable by an assessee under this Act has escaped payment in any assessment year, the Deputy Commissioner of Taxes may issue a notice in the form specified by the Board upon the assessee requiring him to-

(a)   file for the relevant assessment year, within the time as specified in the notice, a return of his income along with the applicable statement and documents; and

(i) the return is filed within the time mentioned in the notice under sub-section (l) and in compliance with the provisions of that subsection;

(ii)  the sum that escaped payment has been paid on or before the filing of the return; and

(iii) the issue for which the sum escaped payment has been duly addressed in the return;

(b)   pay on or before the filing of the return the sum that has been escaped payment.

(2) The Deputy Commissioner of Taxes shall-

(a)   send a letter of acceptance of the return where all of the following conditions are fulfilled-

(b)   proceed to make assessment under section 183 or 184, as the case may be, where any of the conditions mentioned in clause (a) is not fulfilled.

(3) The Deputy Commissioner of Taxes shall, before suing a notice under sub-section (l), obtain the mitten approval of the Inspecting Additional Commissioner of Taxes, in which case —

(a)   the return for the relevant tax year has been filed in compliance with the provisions of subsection (l) of section 180; or

(b)   the assessment of tax for the relevant tax year has been completed under any other provision of this Act.

(4) The Deputy Commissioner of Taxes may issue a notice under sub-section (l) --

(a)   at any time if no return is filed and no tax assessed in the relevant tax year;

(b)   in other cases, from the tax year in which the notice is issued to the sixth preceding tax year;

Provided, however, that

(i)if a new tax is assessed in any tax year under any provision under this Act, the period referred to in this section shall commence from the end of the year in which the tax was assessed;

(ii)  Where any undisclosed wealth of a person is acquired more than the sixth tax year referred to in clause (b), such wealth shall be deemed to have been acquired in the said sixth tax year.

(5) In computing the period of limitation for the purpose of assessing tax or taking any other proceedings under this Act, if the Court, Tribunal or any other authority suspends the assessment of tax or any other proceedings for any period, such period shall be excluded from the calculation.

(6) Notwithstanding anything contained in sub section (4), where any assessment of tax or any order is set aside, refused, set aside or modified, the stage of the proceedings at which the said set aside, rejected, set aside or modified is concerned from the next stage. The Income-tax Authority may   initiate proceedings, and shall not be required to resupply or re-submit any notice already issued, re issue or re-supply or re-submission of any return, statement or other information already furnished or, as the case may be, filed under any provision of this Act.

(7) An assessment under sub-section (2) of an assessee who was already assessed for the relevant year shall be confined to the issues that have been mentioned in the notice served under sub-section (1).

(8) The Deputy Commissioner of Taxes shall not be barred from taking proceedings under this section for an assessment year on the grounds that the proceeding under sub-section (2) is earlier concluded in respect of that assessment year.

(9) In this section-

(a) Any sum payable by an assessee under this Act shall be deemed to have escaped payment if—

(i)  the income or a part thereof has escaped assessment; or

(ii) the income has been understated; or

(iii)additional losses, deductions, allowances or exemptions are claimed in the return;

(iv)  The liability of tax or any other amount payable under this Act has been shown or computed lower by concealment or misreporting of any income or by concealment or misreporting of any assets expenditure or any other particulars in a statement submitted under section section 167 or section 168.

(v)   income chargeable to tax has been under-assessed, or income has been assessed at a lower than due tax rate; or

(vi)  income that is subject to tax has been made the subject of tax exemption; or

(vii)income has been made the subject of excessive relief, or excessive loss or depreciation allowance or any other allowance under this Act has been computed; or

(viii) a tax or an amount, payable under this Act, has been computed or paid lower than due amount by reason of lower base.

(b) "relevant assessment year" is the assessment year for which any sum payable by an assessee under this Act has escaped payment.