What is the consequence of Default assessment of tax payable Section 32 of DVAT Act 2004
Rule 36 Form 24
(1) If any person
(a) has not furnished returns required under this Act by the
prescribed date; or
(b) has furnished incomplete or incorrect returns; or
(c) has furnished a return which does not comply with the requirements of this Act; or
(d) for any other reason the Commissioner is not satisfied
with the return
furnished by a person;
the Commissioner may for reasons to be recorded in writing assess or reassess to the best of his judgment the amount of net tax due for a tax period or more than one tax period by a single order so long as all such tax periods are comprised in one year.
(1A) If, upon the information which has come into his
possession, the Commissioner is satisfied that any person who
has been liable to pay tax under this Act in respect of any
period or periods, has failed to get himself registered, the
Commissioner may for reasons to be recorded in writing, assess
to the best of his judgment the amount of net tax due for
such tax period or tax periods and all subsequent tax periods.
(2) Where the Commissioner has made an assessment under this section, the Commissioner shall forthwith serve on that person a notice of assessment of the amount of any additional tax due for that tax period.
(3) Where the Commissioner has made an assessment under this section and further tax is assessed as owed, the amount of further tax assessed is due and payable on the same date as the date on which the net tax for the tax period was due.
Explanation.- A person may, if he disagrees with the notice of assessment, file an objection under section 74 of this Act.
DELHI VALUE ADDED TAX ACT 2004
Section 21 : Amendment of registration
Section 22 : Cancellation of registration
Section 23 : Effect of de-registration
Section 24 : Registration during transition
Section 25 : Security from certain classes of dealers and other persons
Section 26 : Periodical payment of tax and furnishing of returns
Section 27 : Power to require other returns
Section 28 : Correction of deficiencies
Section 30 : Assessment of tax, interest or penalty
Section 32 : Default assessment of tax payable
Section 33 : Assessment of penalty
Section 34 : Limitation on assessment and re-assessment
Section 35 : Collection of assessed tax and penalties
Section 36 : Manner of payment of tax, penalties and interest
Section 36A : Tax deducted at source
Section 37 : Order of application of payments
Section 39 : Power to withhold refund in certain cases
Section 40 : Collection of tax only by registered dealers
Section 40A : Agreement to defeat the intention and application of this Act to be void