38. Provisional assessment.-

(1) Where a registered dealer fails to furnish the return in respect of any tax period within the prescribed time, the Assessing Authority shall notwithstanding anything contained in Section 37, proceed to assess the dealer provisionally for the period for such default.

(2) The provisional assessment under sub-section (1) shall be made on the basis of past returns or past records where no such returns are available, or on the basis of information received by the Assessing Authority and the Assessing Authority shall direct the dealer to pay the amount of tax assessed in such manner and by such date as may be prescribed.

(3) If the dealer furnishes return alongwith evidence showing the full payment of tax, interest and penalty, if any, on or before the date of payment specified under sub-section (2) the provisional assessment made under sub-section (1) shall stand revoked to the extent of the tax demanded, interest levied and penalty imposed, on the date on which such return is filed by the dealer.

(4) Nothing contained in this section shall prevent the Assessing Authority from making assessment under section 39 and any tax, interest or penalty paid against provisional assessment shall be adjusted against tax, interest and penalty payable on final assessment under section 39.