সাময়িক কর নির্ধারণ

(1) The Deputy Commissioner of Taxes may assess provisional tax on the total income of a taxpayer for any income year under this section.

(2) Provisional tax assessment shall be made in the following cases, namely:

(a) Where a return has been filed after the specified date for filing the return for the relevant tax year has passed; and

(b) Where no return for the relevant tax year has been filed on or before the specified date for filing the return.

(3) Provisional tax assessment shall be prepared on the following basis, namely:

(a) In the case mentioned in clause (a) of sub-section (2), based on the return and, if applicable, accounts and documents;

(b) In the case mentioned in clause (b) of sub-section (2), based on any readily available information or material and the best judgment of the Deputy Commissioner.

(4) In the case of provisional tax assessment under this section, the Deputy Commissioner may undertake the following actions, namely:

(a) Correct any arithmetical errors in the return, accounts, and documents;

(b) Adjust any loss and carry forward or carry forward depreciation allowance under sections 70 and 71 based on the information obtained from the return, accounts, and documents.

(5) For the purposes of payment and recovery, the tax payable based on provisional tax assessment shall be treated as if it were determined based on regular tax assessment.

(6) In computing the tax liability under this section, credit shall be given for the following amounts, namely:

(a) Any tax that has been deducted or collected at source and paid to the government; and

(b) Any advance tax paid.

(7) Where any amount is paid against a tax demand through provisional tax assessment, credit for that amount shall be given in computing the tax payable under regular tax assessment for the same tax year.

(8) Any action taken, grievance caused, or loss incurred due to provisional tax assessment under this section shall not preclude any measures taken to resolve issues raised in the regular tax assessment.

(9) No appeal can be filed against a provisional tax assessment made under this section.

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