Download P VAT FORM VAT-56-A notice of tax demand on amendment of assessment under PVAT ACT, 2005.
As per Punjab vat Rule 49
For the purpose of amendment of assessment under sub-section (7) of section 29, a notice shall be issued by the designated officer, to the person, clearly stating the grounds for the proposed amendment, the date, time and place ,fixed for such amended assessment. After hearing , the person concerned and making such enquiry, as the designated officer may consider necessary, he may proceed to amend the orders as he deems fit subject, however , to the following conditions, namely :-
(a) No amendment, which has the effect of enhancing the amount of tax, shall be made by the designated officer, unless he has given notice to the person concerned of its intention to do so and has allowed him a reasonable opportunity of being heard.
(b) Where such amendment has the effect of enhancing the amount of the tax or penalty , the designated officer, shall serve on the person a Tax Demand Notice in Form VAT – 56 as required under sub-section (11) of section 29 and thereupon , the provisions of the Act and these rules shall apply, as if such notice had been served in the first instance.
(c) Where any amendment made under sub-section (7) of section 29 has the effect of reducing the tax or penalty, the designated officer shall order refund of the amount, which may be due to the person and the procedure for refund laid down in rule 52 shall apply.
Assessment of tax:
Where a return has been filed under sub section (1) or sub-section (2) of section 26 or in response to a notice under sub section (6) of section 26, if any tax or interest is found due on the basis of such return, after adjustment of any tax paid on self-assessment and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-section (2), an intimation shall be sent to the person specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under sub-section (11) and all the provisions of this Act shall apply accordingly
Provided that except as otherwise provided in this sub-section, the acknowledgment of the return shall be deemed to be an intimation under this sub-section in case, either no sum is payable by the person or no refund is due to him:
2. Provided further that no intimation under this sub-section shall be sent after the expiry of one year from the end of financial year in which the return is filed.
3. Notwithstanding anything contained in sub-section (1), the Commissioner or the designated officer, as the case may be, may, on his own motion or on the basis of information received by him, order or make an assessment of the tax, payable by a person to the best of his judgement and determine the tax payable by him, where, –
- a person fails to file a return under section 26 ; or
- there are definite reasons to believe that a return filed by a person is not correct and complete; or
- there are reasonable grounds to believe that a person is liable to pay tax, but has failed to pay the amount due; or
- a person has availed input tax credit for which he is not eligible; or
- provisional assessment is framed.
9. The Commissioner on his own motion or on the basis of information received by him may, by an order in writing, direct the designated officer to make an assessment of the amount of tax payable by any person or any class of persons for such period, as he may specify in his order.
10. An assessment under sub-section (2) or sub-section (3), may be made within three years after the date when the annual statement was filed or due to be filed, whichever is later:
i. Provided that where circumstances so warrant, the Commissioner may, by an order in writing, allow assessment of a taxable person or of a registered person after three years, but not later than six years from the date, when annual statement was filed or due to be filed by such person, whichever is later.
11. Where an assessment is to be made under this section, the designated officer shall, serve a notice to the person to be assessed and such notice shall state-
a. the grounds for the proposed assessment; and
b. the time, place and manner for filing objections, if any.
12. The designated officer, after taking into account all relevant material, which the officer has gathered, shall on the day specified in the notice issued under sub-section (5) or as soon afterwards as may be, after hearing such evidence, as the assessee may produce, by an order in writing, make an assessment determining the sum payable or refund of any sum due to him on the basis of such assessment.
13. The designated officer may, with the prior permission of the Commissioner, within a period of three years from the date of the assessment order, amend an assessment, made under sub-section (2) or sub-section (3), if he discovers under–assessment of tax, payable by a person for the reason that,-
such a person has committed fraud or willful neglect; or
such a person has misrepresented facts; or
a part of the turnover has escaped assessment
Provided that no order amending such assessment shall be made without affording an opportunity of being heard to the affected person.
14. The designated officer may, within a period of one year from the date of the assessment order, rectify an assessment, made under sub-section (2) or sub-section (3), if he discovers that there is a mistake apparent from record
Provided that no order rectifying such assessment shall be made without affording an opportunity of being heard to the affected person.
15. An assessment under sub-sections (7) and (8) shall be an assessment made under this Act for all intents and purposes.
16. No assessment or other proceedings purported to be made, or executed under this Act or the rules made there under, shall be,
a. quashed or deemed to be void only for the reason that the same were not in the prescribed form; or
b. affected by reason of a mistake, defect or omission therein
Provided that such an assessment is substantially in conformity with this Act or according to the intent and meaning of this Act and the rules made there under.
17. When any tax, interest, penalty or any other sum is payable in consequence of any order passed under this Act, the designated officer shall serve upon the person a notice of demand in the prescribed form specifying the sum so payable.