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84A. Presumptive assessment—
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1[84A. Presumptive assessment—
(1) Notwithstanding anything contained in this Ordinance, in the case of an assessee, not being a company, deriving income from 2[business or profession] which constitutes not less than sixty per cent. of his total income, who does not maintain any account in accordance with the provisions of this Ordinance, the Deputy Commissioner Taxes may, whether such assessee filed a return or not, presume his income form 3[business or profession] ; for the income year at such an amount as he deems correct and shall send a notice accordingly to the assessee asking him to establish that the income so presumed is not correct:
provided that the Deputy Commissioner of Taxes shall not presume income of an assessee under this sub-section unless he has material facts and evidence in support of his presumption and he has obtained previous approval in writing of the Inspecting Joint Commissioner of Taxes.
(2) If the assessee fails to comply with the notice referred to in sub-section (I) or having complied with it, has failed to establish that the income so presumed is not correct, the Deputy Commissioner of Taxes shall, by an order in writing, take the income so presumed to be his income from business or profession and proceed to assess his total income accordingly and determine the sum payable by him on the basis of such assessment
(3) If the assessee succeeds in establishing that the income from business or profession presumed is not correct, his income shall be assessed in accordance with other provisions of this Ordinance. ]
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1 Ins by F. A. 1990, Omitted by F. A. 1997
2 Subs for “business” by F. A. 1991
3 Subs for “business” by F. A. 1991
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