Section 37B: Validity of notice of assessment or determination
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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Questions this section answers
- Is my VAT assessment invalid just because it has a small error in my name or address?