Malaysia legislation
Section 212
Section 212
(2)
Where the Director General discovers that the whole or part of any tax repaid to a Constituent Entity (otherwise than in consequence of an agreement come to with respect to an assessment pursuant to subsection 101(2) or in consequence of an assessment having been determined on appeal) has been repaid by mistake whether of fact or law, the
Director General may make an assessment in respect of that
Constituent Entity in the amount of that tax or that part of that tax, as the case may be.
(3)
An assessment under subsection (2) shall not be made—
(a)
if the repayment was in fact made on the basis of, or in accordance with, the practice of the Director
General generally prevailing at the time when the repayment was made; or
Finance (No. 2)
(b)
in respect of any tax, more than five years after the tax has been repaid.
(4)
Where it appears to the Director General that—
(a)
any form of fraud or wilful default has been committed by or on behalf of any Constituent Entity; or
(b)
any Constituent Entity has been negligent, in connection with or in relation to tax, he may at any time make an assessment in respect of that Constituent Entity for any Financial Year for the purpose of making good any loss of tax attributable to the fraud, wilful default or negligence in question.
Deemed assessment on amended return of Constituent
Entity