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65. Additional assessment:-
(1)
If, in any year, for any reason,-
(a)
any income chargeable to tax under this Ordinance has escaped assessment;
or
(b)
the total income of an assessee has been under assessed, or assessed at
too low a rate, or has been the subject of excessive relief or refund
under this ordinance; or
(c)
the total income of an assessee and the tax payable by him has been assessed
or determined under sub-section (1) of section 59 or section 59A or deemed
to have been so assessed or determined under sub-section (1) of section
59 or section 59A,
the Deputy
Commissioner may, at any time, subject to the provisions of sub-sections(2),
(3) and (4), issue a notice to the assessee containing all or any of the
requirements of a notice under section 56 and may proceed to assess or
determine, by an order in writing, the total income of the assessee or
the tax payable by him, as the case may be, and all the provisions of
this Ordinance shall, so far as may be, apply accordingly:
Provided
that the tax shall be charged at the rate or rates applicable to the assessment
year for which the assessment is made.
(2)
No proceedings under sub-section (1) shall be initiated unless definite
information has come into the possession of the Deputy Commissioner and
he has obtained the previous approval of the Inspecting Additional Commissioner
of Income Tax in writing to do so.
Explanation.
-As used in this sub-section, "definite information" includes
information in respect of sales and purchases, made by the assessee, of
any goods, and any information regarding acquisition, possession or transfer,
by the assessee, of any money, asset or valuable article, or any investment
made or expenditure incurred by him.
(3)
Notice under sub-section (1), in respect of any income year, may be issued
within ten years from the end of the assessment year in which the total
income of the said income year was first assessable:
Provided
that, where the said notice is issued on or after the first day of July,
1987, this sub-section shall have effect as if for the words "ten
years" the words "five years" were substituted.
(3A) Where
a notice under sub-section (1) is issued on or after the first day of
July, 1982, no order under the said sub-section shall be made after the
expiration of one year from the end of the financial year in which such
notice was served.
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