INCOME TAX ACT 1967 (ACT 53) PART VI - ASSESSMENTS AND APPEALS Chapter I - Assessments
Section 90. Assessments generally.
(1) Where a person has delivered a return under subsection 77(1) to the Director General for a year of assessment, the Director General may-
(a) accept the return and make an assessment accordingly; or
(b) refuse to accept the return and, according to the best of his judgment, determine the amount of the chargeable income of that person for that year and make an assessment accordingly.
(1A) Where a company has furnished a return under subsection 77(1A) to the Director General for a year of assessment, the Director General shall be deemed to have made, on the day on which the return is furnished, an assessment in respect of that company in the amount of tax on the chargeable income, the tax and the chargeable income being the respective amounts as specified in the return.
[Am. Act A1069:s.4]
(1B) For the purposes of this Act-
(a) the return shall be deemed to be a notice of assessment; and
(b) the deemed notice of assessment shall be deemed to have been served on the company on the day on which the Director General is deemed to have made the assessment.
[Am. Act A1069:s.4]
(2) The Director General, where he is of the opinion that a person who has not delivered a return under subsection 77(1) for a year of assessment is chargeable to tax for that year, may according to the best of his judgment determine the amount of the chargeable income of that person for that year and make an assessment accordingly:
[Am. Act A1093:s.10]
Provided that the making of an assessment in respect of a person under this subsection shall not affect any liability otherwise incurred by that person by reason of his failure to deliver the return.
(2A) Where a company fails to furnish a return under subsection 77(1A) or (1B) for a year of assessment, the Director General may according to the best of his judgment determine the amount of the chargeable income of that company for that year and make an assessment accordingly:
Provided that the making of an assessment in respect of a company under this subsection shall not affect any liability otherwise incurred by that company by reason of its failure to deliver the return.
[Ins. Act A1093:s.10]
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[Shall have effect for the year of assessement 2004 and subsequent years of assessment.]
(1) Where a person has furnished a return in accordance with section 77 or 77A to the Director General for a year of assessment, the Director General shall be deemed to have made, on the day on which the return is furnished, an assessment in respect of that person in the amount of tax on the chargeable income, the tax and the chargeable income being the respective amounts as specified in the return.
(2) For the purposes of this Act, where the Director General is deemed to have made an assessment under subsection (1)—
(a) the return referred to in that subsection shall be deemed to be a notice of assessment; and
(b) the deemed notice of assessment shall be deemed to have been served on the person on the day on which the Director General is deemed to have made the assessment.
(3) Where a person for a year of assessment has not furnished a return in accordance with section 77 or 77A, the Director General may according to the best of his judgment determine the amount of the chargeable income of that person for that year and make an assessment accordingly:
Provided that the making of an assessment in respect of a person under this subsection shall not affect any liability otherwise incurred by that person by reason of his failure to deliver the return.
