Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

MRA The Value Added Tax Act 35
(3) Subject to subsection (5), an assessment under subsection (1) shall not be
made after 5 years immediately following the last day of the taxable period in which the
liability to pay tax arose.
(4) No assessment under subsection (1) shall be made where the amount of tax or
the reduction in the excess amount to be carried forward does not exceed 250 rupees. 134
(5) Subsection (3) shall not apply in case of wilful neglect, evasion or fraud.
37A. Penalty on amount claimed in assessment 135*
(1) Where an assessment is made under section 37, the amount of tax claimed in
the assessment shall carry a penalty not exceeding 50 percent and such penalty shall be
deemed to be part of the tax claimed.
(2) For the purposes of subsection (1), “tax claimed”, in relation to the relevant
taxable period -
(a)
means the difference between the amount of tax payable in the assessment and
tax declared in the return under section 22 or statement under section 23; but
(b) does not include -
(i)
any penalty under sections 15A, 24(9), 26, 26A, and 27; and
(ii) any interest under section 27A.
38. Objection to assessments
(1) Where a person assessed to tax under section 37 is dissatisfied with the
assessment, he may, within 28 days of the date of the notice of assessment, in writing, lodge
with the Director-General an objection against the assessment.
(2) Any person who lodges an objection under subsection (1) shall –
(a)
(b)
(c)
state, in his letter of objection, the grounds of objection and the
adjustments that are required to be made and the reasons therefor;
submit, at the time the objection is lodged, in respect of each of the
taxable periods covered by the assessment, any return required under
section 22 or any statement required under section 23;
pay any amount of tax specified in the return or statement referred to in
paragraph (b) together with any penalty under sections 15A, 24(9), 26,
26A and 27 and any interest under section 27A; and 136*
* Please refer to endnotes at Appendix Page 35 of 107