1 [(1) Notwithstanding anything contained in section 12-B, every registered dealer and every dealer who is liable to get himself registered under sub-section (1) or (2) of section 10, shall submit such return or returns relating to his turnover, in such manner and within such period as may be prescribed.]
2 [(1A) Before any dealer submits any return under sub-section (1), he shall, in the prescribed manner, pay in advance the full amount of tax payable by him on the basis of such return as reduced by any tax already paid under section 12B and shall furnish along with the return satisfactory proof of the payment of such tax, 3 [and the tax so payable shall for the purposes of section 13 be deemed to be the tax due under this Act from such dealer]. After the final assessment is made, the amount of tax so paid shall be deemed to have been paid towards the tax finally assessed.]
(2) If the assessing authority is satisfied that any return submittedundersub-section (1) is correct and complete, he shall assess the dealer on the basis thereof.
(3) If no return is submitted by the dealer under sub-section (1) beforethe date prescribed or specified in that behalf, or if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall assess the dealer to the best of his judgment, recording the reasons for such assessment:
Provided that before taking action under this sub-section the dealer shall be given a reasonable opportunity of proving the correctness and completeness of the return submitted by him.
4 [(4) When making an assessment under sub-section (3), the assessing authority may also direct the dealer to pay in addition to the tax assessed, a penalty,--
(a) not exceeding one and a half times 5 [but not less than one half of] the amount of tax due on the turnover that was not disclosed by the dealer in his return; or
(b) not exceeding one and a half times the tax assessed in the caseof failure to submit a return; or
(c) not exceeding one and a half times 5 [but not less than one half of] the amount of tax due on the turnover which in the opinion of the assessing authority would not have been disclosed voluntarily by the dealer in his return if such turnover was not noticed by any of the authorities empowered under this Act.
(5) No assessment under this section for any year shall be made aftera period of 6 [three years] from the date on which the return under subsection (1) for that year is submitted by a dealer:
7 [8 [Provided that assessment proceedings relating to any year ending before the date of commencement of the Karnataka Taxation Laws (Amendment) Act, 1997 in respect of which a return under sub-section (1) has been submitted before such commencement, shall be completed within a period of 6 [three years] from the date of such commencement.]
Provided further that nothing in this sub-section limiting the time within which assessment may be made, shall apply to an assessment made in consequence of, or to give effect to, any findings, directions or orders made under section 20, 21, 22 or 22A or any judgment or order made by any Court.]
(6) In computing the period of limitation for assessment underthissection,--
(a) the time during which the proceedings for assessment in questionhave been deferred on account of any stay order granted by any Court or any other authority shall be excluded;
(b) the time during which the assessment has been deferred in any case or class of cases by the 9 [Joint Commissioner] for reasons to be recorded in writing shall be excluded:
10 [(c) in the case of a dealer who has been issued with eligibility certificate extending tax concessions under any of the package of incentives and concessions offered by the State and where such certificate issued is under dispute and such dispute has been referred to the authority constituted to resolve such disputes or the authority issuing such certificate, the time taken in such case to resolve such dispute shall be excluded.]
11 [Provisos x x x]
12 [(7) Where an assessment under this section is not concluded within the time specified in sub-section (5), the total and the taxable turnover declared by a dealer in his annual return shall be deemed to have been assessed for that year on the basis of the said return and the provisions of this Act relating to assessment of escaped turnover, payment and recovery, appeal and revision shall mutatis mutandis apply to such deemed assessment.]]
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1. Substituted by Act 8 of 1990 w.e.f. 1.4.1990.
2. Inserted by Act 5 of 1972 w.e.f. 14.8.1972.
3. Inserted by Act 8 of 1984 w.e.f. 1.4.1984.
4. Sub-sections (4), (5), (6) and (7) substituted by Act 27 of 1985 w.e.f. 1.8.1985.
5. Inserted by Act 4 of 1999 w.e.f. 1.4.1999.
6. Substituted by Act 4 of 1999 w.e.f. 1.4.1997.
7. Provisos inserted by Act 8 of 1989 w.e.f. 1.8.1985.
8. Proviso substituted by Act 7 of 1997 w.e.f. 1.4.1997.
9. Substituted by Act 5 of 1996 w.e.f. 1.4.1996.
10. Inserted by Act 5 of 2000 w.e.f. 1.4.1997.
11. Omitted by Act 8 of 1989 w.e.f. 1.8.1985.
12. Substituted by Act 8 of 1989 w.e.f. 1.8.1985.