Amendment of section 8

Section 97 of the Finance Act, 1991 deals with amendment of section 8. Amendment of section 8. 97. In section 8 of the Interest-tax Act, with effect from the 1st day of October, 1991,— (a) for the words "Income-tax Officer", wherever they occur, the words "Assessing Officer" shall be substituted;

Amendment of section 8.

97. In section 8 of the Interest-tax Act, with effect from the 1st day of October, 1991,—

(a) for the words "Income-tax Officer", wherever they occur, the words "Assessing Officer" shall be substituted;

(b) after sub-section (2), the following sub-section shall be inserted, namely:—

"(3) If any person—

(a) fails to make a return as required under sub-section (1) of section 7 and has not made a return or a revised return under sub-section (3) of that section, or

(b) fails to comply with all the terms of notice under sub-section (2) of that section,

the Assessing Officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the assessment of the total chargeable interest to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment:

Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment:

Provided further that it shall not be necessary to give such opportunity in a case where a notice under sub-section (1) has been issued prior to the making of an assessment under this section.".

[Finance (No.

2) Act, 1991]

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Section 97, The Finance Act, 1991 (Act 49 of 1991).