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 9. Assessment of escaped tax.-   (1) If for any reason any tax  payable under this Act has escaped assessment or has been assessed at a rate  lower than the rate at which it is assessable the assessing authority may at any  time within four years from the end of the year to which the tax relates,  proceed to assess or reassess the tax, as the case may be, to the best of its  judgement after issuing a notice to the employer or the person concerned and  after making such enquiry as it considers necessary:  Provided that the tax shall  be charged at the rate at which it would have been charged if such tax had not  escaped assessment or, as the case may be, had not been assessed at a rate lower  than the rate at which it was assessable.  (2) In making an assessment under  sub-section (1), the assessing authority, if it is satisfied that the escape  from assessment was due to wilful non-disclosure of information or attempt at  evading the tax by the employer or the person direct such employer or the person  to pay, in addition to the tax assessed under sub-section (1), a penalty not  exceeding one and half times the tax so assessed :  Provided that no penalty under  this sub-section shall be imposed unless the employer or the person affected has  had a reasonable opportunity of showing cause against such imposition. |