47A Special Provision for deemed assessment
(1) The returns furnished by a registered dealer, other than those mentioned in clause (a) or clause (b) or clause (c) of sub-section (1) of section 116, for the year commencing from the 1st day of April, 2009, and ending on the 31st day of March, 2010, and the 1st day of April, 2010, and ending on the 31st day of March, 2001 [ hereinafter referred to as the eligible period(s)], in accordance with provisions of section 32 and the total turnover of sales during the eligible period(s) in respect of such returns in less than rupees three crore, shall, notwithstanding the provisions of sub-section (1) of section 46, be accepted as correct and complete, and the assessment in the respect of such returns for the eligible period(s) shall be deemed to have been made under sub-section (s) of section 47 on the 31st day of December, 2011, subject to the furnishing of a declaration as required under sub-section (4) and elclosing a receipted challan showing payment of balance amount of net tax along with interest, or late fee previously remaining unpaid, if any, for such eligible period(s) subject to the provisions of sub-section (2) of this section.
(2) The provisions of this section shall not apply in respect of a year, where the registered dealer –
(j) is required to be assessed under clause (aa), or clause (b) or clause (b), or clause (c), or clause (d), or clause (h), of sub-section (1) of section 46, for any return period for such year falling within the eligible period(s); or
(k) is engaged in execution of works contract within West Bengal during any period within the eligible period(s); or
(l) has claimed refund of unadjusted excess input tax credit or excess payment of net tax or interest or late fee during any period within the eligible period (s); or
(m)has been selected for audit under section 43 for any period within such eligible period(s);
(n) has been found to have evaded any tax under the Act for any year or part of a year within the preceding three years before the elegible period(s); or
(o) has not furnished return under the Act or under the Central Sales Tax Act, 1956(74 of 1956), on or before the 31st day of October, 2011, in accordance with the provisions of the respective Acts, for any return period for the year falling within the eligible period(s); or
(p) has claimed exemption from tax on sales or for lower rate of tax on sales under the Act in respect of any return period for such year falling within the eligible periods but is not in possession of the relevant declarations or certificates or documents required in support of such claim and has not paid the relevant taxes in terms of sub-section (3); or
(q) has claimed exemption from tax on sales or for lower rate of tax on sales under the Central Sales Tax Act, 1956, in respect of any return period for such year falling within the elegible period but has not produced, or is not in possession of, the relevant declarations, certificates or documents in support of such claim or has not paid the relevant taxes in terms of sub-section (3); or
(r) has claimed exemption from tax under section 6A of the Central Sales Tax Act, 1956, in respect of any return period for such year falling within the elegible periods but has not produced, or in possession of, the relevant declarations or documents in support or such claim or has not paid the relevant taxes in terms of sub-section (3).
(3) Where a registered dealer is eligible and is willing to be assessed in accordance with the provisions of sub-section (1) for the elegible period(s), such registered dealer shall verify the related returns for the periods within his books of accounts and documents, including declarations or certificates required to be possessed or furnished or produced in support of the claims for deduction from turnover of sales or for exemption from payment of tax or for payment of tax at a lower rate, as claimed in such returns, and shall furnish a declaration on or before the 31st day or December, 2011, in the from along with such documents and in such manner, as may be prescribed.
(4) The registered dealer, if upon verification, finds that there is any shor payment or non-payment of net tax or interest or late fee or the abount of unadjusted excess input tax credit carried forward in the return for the next period is in excess of the about admissible to be lawfully carried forward, he shall make payment of such balance amount of net tax along with interest or late fee previously remained unpaid and shall also furnish along with such declaration receipted challan showing such payment.
(5) No refund of tax, input tax credit or input tax rebate, interest or late fee shall be made in respect of any return period falling within the eligible period(s), unless an assessment is made under sub-section (1) of section 46.
(6) The provisions of sub-section (3), sub-section (3A), sub-section (4), and subsection (5), of section 47 shall, mutatis mutandis, apply in respect of an assessment deemed to have been made under this section. |