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the tamil nadu entertainments tax act, 1939 - Tamil Nadu VAT

the tamil nadu entertainments tax act, 1939 - Tamil Nadu VAT

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assessment:<br />

1 [ 7-B. Payment for admission, etc., escaping<br />

2 [ (1) Where, for any reason any payment for admission to<br />

any entertainment or any amount collected for television exhibition<br />

has escaped assessment to <strong>tax</strong> under 3 [ Section 4, 4-E or 4-F or 4-G ]<br />

as <strong>the</strong> case may be, <strong>the</strong> authority prescribed under sub-section (1) of<br />

Section 7-A may, subject to <strong>the</strong> provisions of sub-section (3) and at<br />

any time within such period as may be prescribed, assess to <strong>the</strong> best<br />

of its judgment <strong>the</strong> <strong>tax</strong> due on such payment or 3 [ exhibition under<br />

Section 4 or on such amount collected for television exhibition under<br />

Section 4-E or on such payment under Section 4-F ], 4 [ or on such<br />

payment for recreation parlour under Section 4-G] as <strong>the</strong> case may be,<br />

after making such enquiry as it may consider necessary and after<br />

giving <strong>the</strong> proprietor a reasonable opportunity to show cause against<br />

such assessment.<br />

1. Inserted by Inserted by <strong>Tamil</strong> <strong>Nadu</strong> Act No. 20 of 1960 with effect<br />

from 1 st April 1960.<br />

2. Substituted by <strong>Tamil</strong> <strong>Nadu</strong> Act No.40 of 1989, with effect from<br />

1 st July, 1989.<br />

3. These two expressions were substituted for <strong>the</strong> expressions<br />

‘Section 4 or Section 4-E’ respectively, by section 5 of <strong>the</strong><br />

Amendment Act No.32 of 1998. The date of effect of this<br />

Amendment was prescribed as ‘on such date as <strong>the</strong> State<br />

Government may, by notification, appoint’ but this was later<br />

amended, in so far as Section 5 and 8 of that Act are concerned,<br />

as ‘shall come into force at once’, by Section 2 of <strong>the</strong> Amendment<br />

Act No.46 of 1998, which was notified to come into effect from<br />

12 th January, 1999. Thus, <strong>the</strong>se two amendments to this sub-<br />

section and to sub-sections (2) and (3) as well as to Section 14,<br />

made by <strong>the</strong> aforesaid Amendment Act No.32 of 1998, will have<br />

effect only from 12 th January, 1999, in terms of Section 5 of <strong>the</strong><br />

<strong>Tamil</strong> <strong>Nadu</strong> General Clause Act, 1891, as <strong>the</strong> amendments made<br />

by Act No.46 of 1998 to <strong>the</strong>se sections had not been given<br />

retrospective effect by it.<br />

4. Added by <strong>Tamil</strong> <strong>Nadu</strong> Act No.21 of 2001 with effect from 1 st<br />

November, 2001<br />

(2) Where, for any reason, any payment for admission to<br />

any entertainment or any cinematograph exhibition or any amount<br />

collected for television exhibition has been assessed at a rate lower<br />

than <strong>the</strong> rate at which it is assessable under 1 [Section 4, or 4-E or 4-F<br />

3 [or 4-G] as <strong>the</strong> case may be <strong>the</strong> authority prescribed under subsection<br />

(1) of Section 7-A may, subject to <strong>the</strong> provisions of sub-section<br />

(3) and at any time within such period as may be prescribed, reassess<br />

<strong>the</strong> <strong>tax</strong> due on such payment or 2 [exhibition under Section 4 or on<br />

such amount collected for television exhibition under Section 4-E, or<br />

on such payment under Section 4-F], 3 [or on such payment for

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