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25 : Payment of tax in advance of assessment on failure to furnish returns

25 : Payment of tax in advance of assessment on failure to furnish returns

(1) Where any registered dealer fails to furnish any return for any period as required by subsection

(1) of Section 18 and fails to pay the tax payable for such period,

(a) the Commissioner may, if the tax payable by such dealer in a year does not ordinarily

exceed ten thousand rupees; and

(b) the Commissioner shall, if the tax payable by such dealer in a year exceeds rupees

ten thousand,

require such dealer to pay such tax, in the manner laid down in the following sub-sections, in

advance of an assessment which may be made under Section 20.

(2) The amount of tax payable in advance under sub-section (1) shall be computed by the

Commissioner as under:-

(a) Where a registered dealer has been assessed to tax for any previous year or part

thereof, the tax payable in advance shall be an amount which bears to the amount of tax

assessed in respect of the latest previous year or part thereof the same proportion as the

period for which the tax payable in advance bears to the period for which the latest

assessment was made,

(b) Where a registered dealer has not been assessed to tax for any previous year or part

thereof but has furnished the return as required by sub-section (1) of Section 18 for any

period, the tax payable in advance shall be an amount which bears to the maximum amount

of tax payable according to any such return the same proportion as the period for which the

tax payable in advance bears to the period for which such maximum amount of tax was

payable according to such return.

previous year and no returns have been furnished by him for such year or where a

registered dealer has no previous year, the tax payable in advance shall be such amount as

the Commissioner may determine to the best of his judgement.

(3) After the expiry of the date by which the return has become due, the Commissioner may

issue a notice in the prescribed form to a registered dealer who has failed to furnish such

return requiring him to pay in the prescribed manner and within the prescribed time the tax

payable in advance computed in accordance with sub-section (2).

(4) If any registered dealer who is required under sub-section (3) to pay the tax in advance

furnishes the return under sub-section (1) of Section 18 and pays the amount of tax in

accordance with the provisions of sub-section (2) of Section 24 on or before the date

specified in the notice issued under sub-section (3) or satisfies the Commissioner that the

return had already been furnished by him by the date by which it was due, the said notice

shall stand cancelled.

(5) The tax payable in advance or any part thereof left unpaid within the time specified in the

notice issued under sub-section (3) shall be recoverable as an arrear of land revenue for

which purpose the provisions of sub-sections 2 (11) and (12) 2 of Section 24 shall mutatis

mutandis apply.

(6) The tax paid under this Section shall be adjusted towards the tax assessed or reassessed

under Section 20.

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GST India Solution is an effort of firm of professionals who welcome implementation of GST. This is an interactiveplatformthat aspires to disseminate right knowledge to professionals, practitioners and public at large. This platform has beenfloatedbya firm of Chartered Accountants relentlessly working in field of direct and indirect taxes since early 1985.

Goods & Service Tax

Our core competence is statutory compliance, advisory, corporate tax planning and appellate matters of direct and indirect taxesandcorporate training sessions on GST.

The senior partner of the firm has to his credit several professional publications viz., Delhi Sales Tax Right to Use Goods Act, Delhi VAT, Maharashtra VAT, West Bengal VAT, Haryana VAT published by Taxmann. Madhya Pradesh VAT and Chhattisgarh VAT were published by Suvidha Law House, Bhopal. He has also addressed seminars on indirect taxes organized by professional bodies like ICAI, IMA, NIFM etc. and has also contributed articles on subjects of pro. . . . .