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UTTARANCHAL VAT DRAFTS


4.Returns, Assessment, Payment and Recovery of Tax
Section 26: Self-Assessment:

  1. The State Government may by notification in the official Gazette, direct that any registered dealer who has filed the prescribed returns along with the tax due thereon, and the returns so filed are found to be in order, and whose taxable turnover during an assessment year does not exceed the amount so notified for this purpose, shall, subject to the conditions and restrictions as may be prescribed therein, be accepted for self assessment for such assessment year on the turnover of taxable sale and taxable purchases and amount of tax payable by the dealer on such turnover admitted in returns submitted by him for such assessment year, subject to adjustment of any arithmetical error apparent on the face of the said returns, and the assessing authority shall direct the dealer to pay within such time and in such manner as may be prescribed, the amount of tax, if any, that may become due:
    Provided that from amongst the dealers covered under the scheme of Self Assessment a certain percentage, as may be specified in the notification, of dealers may be selected for regular assessment by the assessing authority on the basis of any criteria or on the random basis, and such dealer shall be deemed to be not covered under the scheme of Self Assessment for all proposes.

    1. proof of payment of the additional tax admitted as due and interest due as per his own calculation; and

    2. such other particulars, documents and statements as may be prescribed.

  2. If for the amount of deductions (including deduction on the basis of input tax credit) exemptions and any other concessions or rebates, claimed by the dealer in the return no supporting declarations, certificates, or evidence required under this Act or the Central Sales Tax Act, 1956 is furnished, he shall be self-assessed by disallowing such deductions, exemptions and other claims and by levying the appropriate rate of tax as if the sales were taxable, after giving the dealer a notice in writing to explain and to make good the short comings mentioned within the time prescribed.

  3. If the assessing authority is satisfied that the returns for the tax period and annual return for his turnover for the assessment year for self assessment are prima facie correct, consistent and complete, he shall accept the self assessment filed by the dealer and shall assess the amount of tax and interest due from the dealer on the basis of such returns after making prima-facie adjustments in the nature of arithmetical errors, if any, in the returns and self-assessment statement.

  4. If the self assessment statement has not been filed within the time prescribed or if filed, the assessing authority is not satisfied that the returns and self assessment statement are prima facie correct, consistent and complete and the dealer has failed to explain and make good the short comings as per provisions of sub-section (3) above, the assessing authority shall proceed to make regular assessment under the provisions of Section 25, notwithstanding the provisions of this Section.

  5. No assessment under this section shall be made for the same period for which an order has been passed to make assessment under Section 25.

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