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The Orissa Entry Tax Act,1999 History
10. Reassessment in certain cases.

10. Payment of tax in advance.

(1) Subject to the provisions of the rules, every registered dealer and every dealer liable to get himself registered under this Act shall send every month to the assessing authority a statement containing such particulars as may be prescribed and shall pay in advance the full amount of tax payable by him on the basis of the scheduled goods brought by him during the preceding month into the local area and the amount so payable shall for the purpose of sub-section (4) of section 11 be deemed to be the amount due under this Act from such dealer.

Provided that a Dealer who files quarterly return under the Sales Tax Act may send the said statement every quarter paying in advance the full amount of such tax as payable for the preceding quarter.

(2) If at the end of the year it is found that the amount of tax paid in advance by any dealer for any month or quarter or for the whole year in the aggregate was less than the tax payable for that month or quarter

or the tax for the whole year as finally assessed, as the case may be, by more than fifteen per cent, the assessing authority may direct such dealer to pay, in addition to the tax, by way of penalty, a sum not exceeding one and a half times the differential amount between the tax payable and the tax paid for the month or quarter or for the whole year, as the case may be:

Provided that no penalty under this sub-section shall be imposed unless the dealer affected has been given a reasonable opportunity of showing cause against such imposition.

(3) If no such statement is submitted by a dealer under sub-section(1) before the date prescribed or if the statement submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority may assess the dealer provisionally for that month or quarter, as the case may be, to the best of his judgement, recording the reasons for such assessment, and proceed to demand and collect the tax on the basis of such assessment :

Provided that before taking action under this sub-section the dealer shall be given a reasonable opportunity of being heard.