কর ও অন্যান্য অঙ্ক পরিশোধ এড়াইয়া যাওয়া

(1) If, in consequence of any audit, assessment, or any proceeding undertaken under this Act, or based on specific information received from any other source, the Deputy Commissioner of Taxes has reason to believe that any taxpayer has evaded payment of any amount payable under this Act in any assessment year, then the Deputy Commissioner of Taxes may issue a notice to such taxpayer in the form prescribed by the Board:

(a) requiring him to submit the return for the relevant assessment year along with applicable statements and documents within the time mentioned in the notice; and
(b) requiring him to pay the amount of tax evaded either at the time of filing the return or before that.

(2) The Deputy Commissioner of Taxes shall—

(a) issue an acknowledgment of receipt of the return if the following conditions are fulfilled, namely:

(i) the return is filed within the time specified in the notice issued under sub-section (1) and in compliance with the provisions of that sub-section;
(ii) the evaded amount is paid at the time of filing the return or before that; and
(iii) the issue for which the tax was evaded is clearly mentioned in the return; and

(b) proceed to assess the tax under section 183 or, as applicable, under section 184 if any of the conditions mentioned in clause (a) are not fulfilled.

(3) Prior to issuing a notice under sub-section (1), the Deputy Commissioner of Taxes shall obtain written approval from the Inspecting Additional Commissioner of Taxes, where—

(a) the return for the relevant assessment year has been filed in accordance with the provisions of sub-section (1) of section 180; or
(b) the assessment for the relevant assessment year has been completed under any other provision of this Act.

(4) The Deputy Commissioner of Taxes may issue a notice under sub-section (1)—

(a) at any time, if no return has been filed and no assessment has been made for the relevant assessment year;
(b) in other cases, up to the sixth previous assessment year from the assessment year in which the notice is issued:

Provided that—
(i) if a fresh assessment is made for any assessment year under any provision of this Act, the time limit under this section shall be calculated from the end of that assessment year in which the fresh assessment is made;
(ii) where any person possesses any undisclosed asset acquired prior to the sixth previous assessment year mentioned in clause (b), such asset shall be deemed to have been acquired in that sixth assessment year.

(5) For the purpose of calculating the period of limitation for assessment or other proceedings under this Act, any period during which the assessment or other proceedings are stayed by a court, tribunal, or other authority shall be excluded from the calculation.

(6) Notwithstanding anything contained in sub-section (4), if any assessment or order has been cancelled, rejected, annulled, or modified, the concerned income tax authority may commence proceedings from the next level following the level at which such cancellation, rejection, annulment, or modification took place, and it shall not be necessary to reissue any notice or resubmit any return, statement, or information that was already issued or submitted in accordance with any provision of this Act.

(7) In case of assessment of a taxpayer for a relevant assessment year under sub-section (2) where the assessment has already been completed, the issues shall be confined to those mentioned in the notice issued under sub-section (1):

Provided that, if any specific information is discovered indicating that an amount payable under this Act has been evaded beyond the matters mentioned in the notice issued under sub-section (1), then such assessment may be made under sub-section (2) with the prior approval of the Inspecting Additional Commissioner of Taxes, after informing the taxpayer.

(8) The fact that proceedings under sub-section (2) have already been completed for any assessment year shall not bar the Deputy Commissioner of Taxes from initiating proceedings under this section for that assessment year.

(9) For the purposes of this section—

(a) “evasion of payment of any amount payable under this Act” shall mean, if—

(i) tax has been evaded in respect of any income or any part thereof;
(ii) the amount of income has been underreported;
(iii) excessive loss, deduction, allowance, or exemption has been claimed in the return;
(iv) by concealing or misreporting any income or by concealing or misreporting any asset, liability, or expenditure in the statement filed under section 167 or 168, the tax liability or any other payable amount has been understated or under-calculated;
(v) taxable income has been under-determined, or tax has been levied at a rate lower than the actual applicable rate;
(vi) taxable income has been treated as exempt income;
(vii) income has been computed by allowing excessive exemptions, losses, depreciation allowances, or any other allowances under this Act; or
(viii) due to the use of a lower base, tax or any other amount payable under this Act has been under-assessed or underpaid;

(b) “relevant assessment year” means the assessment year for which any amount payable under this Act has been evaded by the taxpayer.

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