72. Re-assessment of tax and rectification of clerical or arithmetical or other mistakes.-

(1) The appropriate Assessing Authority shall send a notice in Form VAT-XXXIII, to the dealer specified in section 23(1) of the Act, and after hearing him and making such enquiry as it considers necessary, may proceed to re-assess the tax payable on the turnover, which has been under-assessed or has escaped assessment and also take action to impose penalty and recover interest under the Act.

(2) The Assessing Authority, under sub-section (2) of section 23 or any Appellate Authority or any other officer appointed under section 3 of the Act or the Commissioner may, rectify any clerical or arithmetical mistake apparent from the record of any order passed by it:

Provided that no such rectification which has the effect of enhancing the tax, interest, penalty or any other liability shall be made unless the authority concerned has given notice in Form VAT-XXXIII to the dealer concerned of its intention to do so and has allowed him a reasonable opportunity of being heard:

Provided further that the Commissioner may, in the like manner rectify any mistake apparent from the record under section 47 of the Act.

(3) Any additional demand created or any refund due as a result of the rectification shall be recovered or allowed as the case may be, in the manner provided for recoveries and refunds under the Act and these rules.