Income Tax Management Act (Cap. 372), article 30

30. ( 1 ) W h e r e a p e r s o n h a s d e l i v e r e d a r e t u r n o f i n c o m e f o r any year of assessment preceding the year of assessment 1999 th e Commissioner may - (a) accept the return and make an assessment accordingly; (b) after considering such further returns, books or evidence, if any, as may be produced before or obtained by him, refuse to accept the return and to the best of his judgement determine by order in writing the amount of the chargeable income of the person and assess him accordingly. (2) Where a person has not delivered a return of income for any year of assessment preceding th e year of assessment 1999 and th e Commissioner is of the opinion that such person is liable to pa y tax, he may, according to the best of his judgement, determine the amount of the chargeable income of such person and assess him accordingly, but such assessment shall not affect any liability INCOME TAX MANAGEMENT [CAP. 372. 31 otherwise incurred by such per son by reason of his failure or neglect to deliver a return. (3) Where it appears to the Commissioner that a person has not been assessed or has been assessed at a lesser amount than that which ought to have been charg ed for any year of assessment preceding the year of assessmen t 1999, the Commissioner may assess such person at such am ount or additional amount as, according to his judgement, ought to have been charged and the provisions of sub-article (1)(b) shall apply to such an assessment. (4) An assessment for a year of assessment made pursuant to any of the foregoing provisions of this article shall be made w ithin that year of assessment or within eight years after the expirat ion thereof: Provided that in cases where there has not yet been a final decision or a final judgement, t he notification of an assessmen t to the taxpayer after the expiration of the periods specified in t his sub- article shall not constitute and shall not be deemed to have ev er constituted a reason for the said assessment or notice thereof being declared prescribed, time-barred or otherwise quashed, if such assessment is delivered by not la ter than the 31s t December, 20 07: Provided further that where su ch notification is not made by the 31st December, 2007 because t he taxpayer could not be found or for other reasons attributabl e to him, such assessment shall be deemed to have been duly notifie d if, not later than 31st Decem ber 2008, the Commissioner publishes a notice in the Gazette and in one or more daily newspapers stating that such assessment has b een made and inviting the taxpayer to call for it at the Department . (5) Notwithstanding the provisions of sub-article (4), where a person has not made to the Commissioner the returns required by the Income Tax Acts for any year of assessment preceding the ye ar of assessment 1999 or a full and true disclosure of all materia l facts necessary for his assessment for any such year and there has be en an avoidance of tax, the Commissioner, where he is of the opini on that the avoidance of tax is due to fraud or evasion, may at an y time assess such person at such amount or additional amount as according to his judgement ought to have been charged and take action for the payment of tax, additional tax and any penalty. (6) Where in the opinion of the Commissioner there has been fraud or evasion as aforesaid, such decision shall be subject t o appeal under the provision s of articles 35 and 37. 32 CAP. 372.] INCOME TAX MANAGEMENT Assessment, and determinations relating to the year of assessment 1999 and subsequent years. Substituted by: IX. 1999.7. Amended by: II. 2003.46; I. 2010.47; L.N. 336 of 2010; XII. 2014.61; VII.2018.59; III.2026.42.