Best judgment assessment.
115WF. If any person, being an
employer—
(a) fails to make the return required under
sub-section (1) of section 115WD and has not
made a return under sub-section (3) or a revised return under sub-section (4)
of that section, or
(b) fails to comply with all the terms of a notice
issued under sub-section (2) of section 115WD or
fails to comply with a direction issued under sub-section (2A) of section 142, or
(c) having made a return, fails to comply with all
the terms of a notice issued under sub-section (2) of section
115WE,
the Assessing Officer, after taking into account all
relevant material which the Assessing Officer has gathered, shall, after giving
the assessee an opportunity of being heard, make the assessment of the fringe
benefits to the best of his judgment and determine the sum payable by the
assessee on the basis of such assessment:
Provided that such opportunity shall be
given by the Assessing Officer by serving a notice calling upon the assessee to
show cause, on a date and time to be specified in the notice as to why the
assessment should not be completed to the best of his judgment:
Provided further that it shall not be
necessary to give such opportunity in a case where a notice under sub-section
(2) of section 115WD has been issued prior to
the making of an assessment under this section.