Value Added Tax Act (Cap. 406), article 32

32. (1) When the Commissioner has reason to believe that a tax return furnished by a person registered under article 10 fo r a tax period does not contain a full and correct statement of the mat ters required to be declared in that return he may make a provisiona l assessment and serve that provisional assessment on that person by not later than six years from the end of the said tax period or from the date in which the tax return for that tax period is submitt ed, whichever date is the later: Provided that where the provisional assessment refers to the adjustment relating to input tax on capital goods mentioned in the Tenth Schedule, it shall be served by not later than six years from the end of the adjustment period mentioned in the said schedule : Provided further that, where a person makes a correction in terms of article 28(1), the six year period in which the Commis sioner may make a provisional assessment as provided for in this sub-a rticle shall start to run from the dat e on which the Commissioner rece ives the request for the correction. (2) A provisional assessment shall indicate clearly that it is a provisional assessment and that it may be followed by an assessment within the time limits specified in sub-article (3). Save as aforesaid a provisional ass essment shall contain all the particulars that are required to be given in an assessment and such further particulars as the Commi ssioner may deem appropriate. (3) After the expiration of a period of not less than thirty day s and not more than six months from the service on a person of a provisional assessment in respect of a tax period the Commissioner may make an assessment of the output tax and the deductions of that person for that period and of the administrative penalty t o which that person became liable and serve that assessment on th at person. (4) The assessment made in virtue of sub-article (3) may not contain any variations to the am ounts specified in the relative provisional assessment except for - (a) variations requested by or agreed to by the said person; (b) variations consisting in the substitution for amounts shown in the provisional assessment of amounts that VALUE ADDED TAX [CAP. 406. 29 are equal or closer to those declared in the relative tax return. (5) The Commissioner may, for the purposes of this Act, cancel any provisional assessment raised by him, and issue a fresh provisional assessment, and such cancellation shall be without prejudice to the raising of a fresh provisional assessment required to be raised under this Act in replacement of the provisional assessment so cancelled which shall be deemed not to have been raised. Such fresh provisional assessm ent has to be raised within the time limit specified in sub-article (1). Power to make assessments on other persons. Amended by: X. 2003.17.