Turnover escaping assessment 34

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him, a penalty not exceeding one and half times of the tax due but which shall not be less than 10% of that amount. 32.

Assessment of dealer who fails to get himself registered : (1) If the Commissioner, upon information which has come into his possession, is satisfied that any dealer who has been liable to pay tax under this Act, in respect of any period, has failed to get himself registered, the Commissioner shall proceed in such manner as may be prescribed to assess to the best of his judgement the amount of tax due from the dealer in respect of such period and all subsequent periods and in making such assessment shall give the dealer reasonable opportunity of being heard. (2) The Commissioner may, if he is satisfied that the default was without reasonable cause, direct that the dealer shall pay, in addition to the amount of tax so assessed, such amount as interest and penalty as prescribed in section 25. 33.

No assessment after five years :- (1) No assessment under section 31 and 32 shall be made after the expiry of five years from the end of the tax period to which the assessment relates; Provided that in case of offence under this Act for which proceeding for prosecution has been initiated, the limitation as specified in this sub- section shall not apply. (2) Any assessment made or penalty imposed under this Chapter shall be without prejudice to prosecution for any offence under this Act. 34. Turnover escaping assessment :- (1) Where after a dealer is assessed under section 29 or section 30 for any year or part thereof, the Commissioner has reason to believe that the whole or any part of the turnover of the dealer in respect of any period has - (a) escaped assessment; or (b) been under assessed ; or (c) been assessed at a rate lower than the rate of which it is assessable;or (d) been wrongly allowed any deduction therefrom; or (e) been wrongly allowed any credit therein, the Commissioner may, serve a notice the dealer and after giving the dealer reasonable opportunity of being heard and making such enquiries as he considers necessary, proceed to the assess to the best of his judgement, the amount of tax due from the dealer in respect of such turnover, and