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Section 37B: Validity of notice of assessment or determination

Value Added Tax Act

This section is inserted by Act No 18 of 2016, section 58.

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

37B. Validity of notice of assessment or determination The validity of a notice of assessment or determination made under this Act shall not be affected by reason of an error, mistake or omission as to – (a) the name or address of the person; (b) the date or period; or (c) the amount of VAT assessed, where the person intended to be assessed or affected is sufficiently designated and the error, mistake or omission is not likely to mislead that person. (j) in section 38 – (i) in subsection (2) – (A) b y repealing paragraphs (b) and (c) and replacing them by the following paragraphs – (b) at the time of his objection, where he has not submitted any return required under section 22 or any statement required under section 23 in respect of 304 Acts 2016 each of the taxable periods covered by the assessment – (i) s ubmit the required return or statement; (ii) pay any amount of tax specified in the return or statement referred to in subparagraph (i), together with any penalty under sections 15A, 24(9), 26, 26A and 27, and any interest under section 27A; and (iii) i n addition, pay 10 per cent of the difference between the amount claimed in the notice of assessment and the amount payable under subparagraph (ii). (c) w here he has, prior to the assessment, submitted all returns required under section 22 or statements required under section 23 for each of the taxable periods covered by the assessment – (i) pay, at the time of his objection, any outstanding tax on those returns or statements; and (ii) i n addition, pay 10 per cent of the amount claimed in the notice of assessment. (B) by repealing paragraph (d); (ii) in subsection (2A), by deleting the words “(2)(c) and (d)” and replacing them by the words “2(b) and (c)”; Acts 2016 305 (k) in section 65C – (i) i n the heading, by inserting, after the word “building”, the words “, house”; (ii) i n subsection (1), by inserting, after the word “apartment”, the words “or house”; (iii) in subsection (2)(b)(i), by deleting the words “a building contractor” and replacing them by the words “the construction of a residential building”; (iv) in subsection (2)(b)(ii), by deleting the words “a property developer” and replacing them by the words “the purchase of a residential apartment or house from a property developer”; (v) in subsection (3)(a), by deleting subparagraph (i) and replacing it by the following subparagraph – (i) i n the case of the construction of a residential building, not exceed the amount of VAT paid; or (vi) i n subsection (3)(a)(ii), by inserting, after the word “apartment”, the words “or house”; (vii) in subsection (3)(b), by deleting the figure “300,000” and replacing it by the figure “500,000”; (l) in the Fifth Schedule – (i) in item 7, by deleting sub-item (aa) and replacing it by the following sub-item – (aa) Photovoltaic generators, photovoltaic panels, photovoltaic batteries and photovoltaic inverters. (ii) by adding the following new items –

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