Assessment and collection of tax

Assessment and collection of tax.-

1. (1) If the Luxury Tax Officer is satisfied that the return furnished under sub-section
2. (1) of section 5 is complete and he has no reason to believe that it is incorrect, he shall assess the amount of tax due from the proprietor or stockist on the basis of such return. (2)
   • (a) If the Luxury Tax Officer is not satisfied that the return furnished under sub-section
3. (1) of section 5 is complete or he has reason to believe that it is incorrect and he considers it necessary to require the presence of the proprietor or stockist or the production of further evidence, he shall serve on such proprietor or stockist in the proscribed manner a notice requiring him on a date and at a place specified therein either to attend and produce or cause to be produced all evidence on which such proprietor or stockist relies in support of his return or to produce such evidence as is specified in the notice.
   • (b) On the date specified in the notice, or as soon as may be thereafter, the Luxury Tax Officer shall, after considering all the evidence which may be produced, assess the amount of tax due from the proprietor or stockist.
   • (c) If the proprietor or stockist fails to comply with the terms of the notice issued to him under clause (a), the Luxury Tax Officer shall assess to the best of his judgement, the amount of tax due from him.
4. (3) If a proprietor or stockist liable to pay tax under this Act fails to furnish a return in respect of any period within the period specified in sub-section
5. (1) of section 5, the Luxury Tax Officer shall, after giving the proprietor or stockist a reasonable opportunity of being heard, assess to the best of his judgement, the amount of tax if any, due from him.
6. (4) Any assessment made under this section shall be without prejudice to any penalty or prosecution for an offence under this Act.