Vat Actupdated - RS Goyal & Associates

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2 (iii) in respect of a dealer, under clause (a) of sub-section (6) shall be made within a
period of one calendar year from the commencement of proceedings under the said subsection:
2
Provided that -
(a) where a fresh assessment has to be made to give effect to any finding or direction
contained in any order under Sections 46, 47 and 53 or to any order of the Civil Court, High
Court or Supreme Court, such assessment shall be made within a period of one calendar
year from the date of the order containing such finding or direction or the order of the Civil
Court, High Court or Supreme Court, as the case may be;
2 (b) nothing contained in this sub-section shall apply to proceedings initiated under Section
21 or any proceeding other than assessment or re-assessment of tax that may be instituted
under any other provisions of this Act. 2
(8) Notwithstanding anything contained in sub-section (7), where assessment or reassessment
proceedings in respect of any dealer relating to any period cannot be completed
before the expiry of the period specified therefor in the said sub-section, the State
Government, may by notification, for reasons to be recorded in writing, extend the period for
the completion of such assessment proceedings in respect of such dealers by such further
period as may be specified in such notification.
(9) (a) where, a registered dealer claims refund of tax or input tax rebate in his return for any
quarter or return or returns for any year and makes an application for his assessment for that
quarter or that year but his assessment is not completed within the time specified in the
proviso to sub-section (1) the claim made in the return or returns for that quarter or year shall
stand accepted and such dealer shall be entitled to the refund of the amount of the tax or
input tax rebate..
(b) where the assessment for any year of a registered dealer,-
(i) other than a registered dealer referred to in the proviso to sub-section (1), and
(ii) a registered dealer who has not furnished any return or returns for that year,
is to be made under the provisions of sub-section (4) or sub-section (5) is not made within
the time provided in sub-section (7) or within the time extended under sub-section (8), then,-
(a) the returns furnished by the registered dealer in (i) above shall stand accepted
and he shall be deemed to have been assessed for the purpose of the Act.
(b) the assessment of the registered dealer in (ii) above shall become time-barred.
2 Section 20-A.Self assessment
(1) Where a registered dealer other than the registered dealer referred to in the
proviso to sub-section (1) of section 20 has furnished, -
(a) all returns or revised returns for any period of a year in the prescribed
manner and within prescribed time or before,
(i) 31 st July of the subsequent year, in case of such dealer whose
annual turnover does not exceed rupees forty lacs;
(ii) 31 st October of the subsequent year, in other cases;
(b) has paid the tax payable according to such returns or revised returns as
also interest payable, if any; and
(c)
has furnished the statement under clause (b) of sub-section (1) of section
18 within the prescribed time,
the returns or the revised returns furnished by such dealer for that year, subject to
compliance of requirements made in the notice issued under the provisions of subsection
(5) of section 18 and sub-section (6) of section 19, shall be accepted and his
assessment shall be deemed to have been made for the purpose of sub-section (1)