Cap. 372 Art. 30Assessments relating to years preceding the year of assessment 1999.

(1) Where a person has delivered a return of income for any year of assessment preceding the year of assessment 1999 the

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 the year of assessment 1999 and the Commissioner is of the opinion that such person is liable to pay 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 otherwise incurred by such person 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 charged for any year of assessment preceding the year of assessment 1999, the Commissioner may assess such person at such amount 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 within that year of assessment or within eight years after the expiration thereof: Provided that in cases where there has not yet been a final decision or a final judgement, the notification of an assessment to the taxpayer after the expiration of the periods specified in this sub-article shall not constitute and shall not be deemed to have ever 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 later than the 31st December, 2007: Provided further that where such notification is not made by the 31st December, 2007 because the taxpayer could not be found or for other reasons attributable to him, such assessment shall be deemed to have been duly notified if, not later than 31st December 2008, the Commissioner publishes a notice in the Gazette and in one or more daily newspapers stating that such assessment has been 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 year of assessment 1999 or a full and true disclosure of all material facts necessary for his assessment for any such year and there has been an avoidance of tax, the Commissioner, where he is of the opinion that the avoidance of tax is due to fraud or evasion, may at any 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 to appeal under the provisions of articles 35 and 37.