Uttar Pradesh VAT Rules

Assessment of tax of turnover escaped from assessment

1. If the assessing authority has reason to believe that the whole or any part of the turnover of a dealer, for any assessment year or part thereof, has escaped assessment to tax or has been under assessed or has been assessed to tax at a rate lower than that at which it is assessable under this Act, or any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, after issuing notice to the dealer and making such inquiry as it may consider necessary, assess or reassess the dealer to tax according to law :

   Provided that the tax shall be charged at the rate at which it would have been charged had the turnover not escaped assessment, or full assessment as the case may be.

   Explanation I: - Nothing in this sub-section shall be deemed to prevent the assessing authority from making an assessment to the best of its judgement.

   Explanation II: - For the purpose of this section and of section 31, " assessing authority" means the officer or authority who passed the earlier assessment order, if any, and includes the officer or authority having jurisdiction for the time being to assess the dealer.

   Explanation III: - Notwithstanding the issuance of notice under this sub-section, where an order of assessment or re-assessment is in existence from before the issuance of such notice it shall continue to be effective as such, until varied by an order of assessment or re-assessment made under this section in pursuance of such notice.

2. Assessment order for any tax period of an assessment year may be made within the time prescribed under section 25.
3. Except as otherwise provided in this section or section 70, no order of assessment or re-assessment under any provision of this Act for any assessment year shall be made after the expiration of five years from the end of such assessment year:
4. Where the notice under sub-section (1) for any assessment year has been served within a period of five years after expiry of the assessment year to which assessment or re-assessment relates, the assessment or reassessment may be made within a period of five years and six months after the expiry of such assessment year.
5. Where appellate authority, revising authority, Tribunal, High Court or the State Government has -
   • set aside an order of assessment or reassessment and has remanded the case to the assessing authority; or
   • for want of reasonable opportunity of being heard, set-aside or has directed the assessing authority to set aside an exparte order of assessment or re-assessment; or
   • quashed any order of assessment or reassessment for want of jurisdiction or for want of notice,

   the assessing authority may make order of assessment or re-assessment before expiry of the assessment year succeeding the assessment year in which such order or direction is received by the assessing authority by due process:

   Provided that where any assessment or reassessment order is quashed by any authority or Court, for want of notice or for want of jurisdiction, the order of assessment or re-assessment may be made by the competent assessing authority after serving notice on the dealer.

6. Where an order of assessment or reassessment has been set aside by the assessing authority himself under section 32, a fresh order of assessment or re-assessment may be made before expiry of the assessment year in which such order of assessment or re-assessment has been set aside.

   Provided that if an order of assessment or re-assessment made exparte is set aside on or after first day of October in any assessment year, fresh order of assessment or re-assessment may be made on or before thirtieth day of September of the assessment year succeeding the assessment year in which such ex parte order of assessment or re-assessment was set aside.

7. Where the Commissioner on his own or on the basis of reasons recorded by the assessing authority, is satisfied that it is just and expedient so to do, authorises the assessing authority in that behalf, such assessment or reassessment may be made within a period of eight years after expiry of assessment year to which such assessment or reassessment relates notwithstanding such assessment or reassessment may involve a change of opinion.

   Provided that it shall not be necessary for the Commissioner to hear the dealer before authorising the assessing authority.

8. Where the proceedings for assessment or re-assessment for any assessment year remain stayed under the order of any court or authority, the period commencing on the date of stay order and ending with the date of receipt by the assessing authority concerned of the order vacating stay, shall be excluded in computing the period of limitation provided in this section:

   Provided that if in computing the limitation as aforesaid, the last date for passing an assessment or re-assessment falls on any date before first day of October in any assessment year, assessment or re-assessment may be made before the expiry of such assessment year and in a case in which such date falls after thirtieth day of September of any assessment year, order of assessment or re-assessment may be made before the expiry of the assessment year subsequent to assessment year in which such date falls.

9. Where in the assessment or re-assessment of a dealer for any assessment year, any assessing authority, -
   • has included any turnover and any superior authority or Court has, in exercise of the powers lawfully vested in it, held such turnover to relate to the assessment of-
     1. such dealer for any other assessment year, or
     2. such dealer under the Central Sales Tax Act, 1956, or
     3. any other dealer, whether under this Act, or under the Central Sales Tax Act, 1956,
   • has not included any turnover on the ground that if relates to assessment under the Central Sales Tax Act, 1956 and any superior Authority or Court has, in exercise of the powers lawfully vested in it, held such turnover to relate to the assessment of that dealer under this Act, whether for such assessment year or any other assessment year,

     then nothing contained in this section limiting the time shall apply to assessment or re-assessment whether under this Act or under the Central Sales Tax Act, 1956 of such dealer or such other dealer, relating to such assessment year or such other assessment year, as the case may be.

10. Where the assessing authority has reason to believe that any person with a view to evade payment of tax or in order to claim any input tax credit or rebate which he otherwise is not eligible for or was carrying on business in the name of, or in association with any other person either directly or indirectly, whether as an agent, employee, manager, partner or power of attorney holder or guarantor, relative or sister concern or in any other capacity, such person and the person in whose the name the registration certificate, is taken, shall be liable severally and jointly for payment of tax, interest or penalty which shall be assessed, levied and recovered from all or any such person as if such person or persons are dealers under this Act. However, before taking any action, the person concerned shall be given a opportunity of being heard.
11. Where the State Government is of the opinion that due to any extra-ordinary circumstances prevalent in any assessment year in the State or any part of it, it will be difficult to complete assessment or re-assessment in any case or class of cases in respect of which limitation for passing assessment or re-assessment expires in such assessment year, for the purpose of making assessment or re-assessment in such a case or class of cases, it may, by notification in the Gazette, extend the time limit upto one year beyond the time limit prescribed under this section.

Assessment of escaped turnover in case of price variation

Where under agreement between seller and purchaser it is agreed that sale price of goods due to price escalation shall be settled on a later date and in the circumstances such date falls in any assessment year subsequent to the assessment year in which such goods were sold, amount receivable due to price settlement, for all purposes under this Act, shall be deemed to be turnover during the tax period in which such settlement is made, but the tax on such turnover of sale shall be charged at the rate prevalent at the time of sale.