The proper officer has to first issue a notice to the defaulting taxable person under section 32 of MGL requiring him to furnish the return within a specified period of time, which has to be a minimum of fifteen days as per section 46 of MGL. If the taxable person fails to file return within the given time, the proper officer shall proceed to assess the tax liability of the return defaulter to the best of his judgement taking into account all the relevant material available with him. This power is given under section 46 of MGL.
Articles in this section
- Who is the person responsible to make assessment of taxes payable under the Act?
- Is there any provision in MGL for tax treatment of goods returned by the recipient?
- Example of tax payable on return of inward supply
- When can a taxable person pay tax on a provisional basis?
- What is the latest time by which final assessment is required to be made?
- Where the tax liability as per the final assessment is higher than in provisional assessment, will the taxable person be liable to pay interest?
- What recourse may be taken by the officer in case proper explanation is not furnished for the discrepancy detected in the return filed under section 45 of MGL?
- Whether Proper Officer is required to give any notice to taxable person before completing assessment u/s 46?
- If a taxable person fails to file the return required under law (under section 27 or 31), what legal recourse is available to the tax officer?
- Under what circumstances can a best judgment assessment order issued under section 46 be withdrawn?