115.
| (1) Where any person, who in the opinion of an Assessor is liable to any income tax, wealth tax or gifts tax for any year of assessment has not paid such tax or has paid an amount less than the proper amount which he ought to have paid as such tax for such year of assessment, the Assessor may, subject to the provisions of subsections (3) and (5) and after the fifteenth day of November immediately succeeding that year of assessment, assess the amount which in the judgment of the Assessor ought to have been paid by such person, and shall by notice in writing require such person to pay forthwith -
| | (a) the amount of tax so assessed, if such person has not paid any tax for that year of assessment, or | | |
| | (b) the difference between the amount of tax so assessed and the amount of tax paid by such person for that year of assessment, if such person has paid any amount as tax for that year of assessment : | | |
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| (2) Where it appears to an Assessor that any person liable to income tax, wealth tax or gifts tax for any year of assessment has been assessed at less than the proper amount, the Assessor may, subject to the provisions of sub- section (3) and subsection (5), assess such person at the additional amount at which according to his opinion such person ought to have been assessed and the provisions of this Act as to notice of assessment appeal and other proceedings shall apply to such additional assessment and to the tax charged thereunder. |
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| (3) Where a person has furnished a return of income, wealth or gifts, the Assessor may in making an assessment on such person under subsection (1) or under subsection (2), either-
| | (a) accept the return made by that person; or | | |
| | (b) if he does not accept the return made by that person, estimate the amount of the assessable income, tax- able wealth or taxable gifts of such person and assess him accordingly: | | |
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| (4) Where a person has not furnished a return of income, wealth or gifts and the assessor is of the opinion that such person is liable to pay income tax, wealth tax, or gifts tax, the assessor may in making an assessment on such person under subsection (1) or subsection (2), estimate the amount of the assessable income, taxable wealth or taxable gifts of such person and assess him accordingly, but such assessment shall not affect the liability of such person to a penalty under this Act for failure or neglect to furnish a return. |
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| (5) Subject to the provisions of section 62, no assessment shall be made of income tax, or wealth tax, as the case may be, payable under this Act for any year of assessment, or of gifts tax payable under this Act in respect of any gift made in any year of assessment and included by the donor in a return made by him on or before the thirtieth of November next succeeding that year of assessment, after the expiry of three years from the end of that year of assessment: |
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| (6) An assessment under subsection (1) or an additional assessment under subsection (2) on any person for any year of assessment shall not affect the liability of such person to the penalty specified in section 125 (2) and for the purposes of that section, the amount so assessed shall be deemed to be the income tax, or wealth tax or gift tax which such person ought to have paid for that year of assessment. |
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Sri Lanka Consolidated Acts