Section 45

Assessment of tax (TPA 2nd Sch Para 16)

(1) For the purposes of this Act, a registered person who has submitted a return shall be treated as having made an assessment of the amount of tax payable for the tax period to which the return relates, being the amount set out in the return. 

(2) If a registered person fails to - 
(a) submit a return; 
(b) keep proper books of accounts, records or documents; or
(c) apply for registration as a registered person, as required under this Act, the Commissioner may, based on such evidence as may be available, make an assessment of the tax payable (including interest and any penalty where applicable) by the registered person. 

(3) An assessment under subsection (2) shall not alter the due date for the payment of the tax as determined under the Act. 

(4) The Commissioner shall cause a notice of the assessment under subsection (2) to be served on the person assessed, and the notice shall state the amount of tax payable and shall inform the person assessed of his rights under this Act. 

(5) Subject to subsection (6), an assessment made under subsection (2) shall not be made after five years immediately following the last date of the tax period in which the liability to pay tax arose. 

(6) The time limit under subsection (5) shall not apply in the case of gross or wilful neglect, evasion or fraud. 

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