Malaysia legislation
Section 6
Section 6
Amendment of section 6
(a)
in the shoulder note, by inserting after the word “Assessment”
the words “and additional assessment”;
(b)
by renumbering the existing section as subsection (1);
(c)
in the renumbered subsection (1)—
(i)
by substituting for the words “in the prescribed form” the words “in accordance with section 6a”;
(ii)
by deleting the words “, personally or by post,”;
and
(iii)
by inserting after the words “the Labuan entity concerned” the words “in accordance with section 6b”; and
(d)
by inserting after the renumbered subsection (1) the following subsections:
“(2) The Director General, where for any year of assessment it appears to him that no or no sufficient assessment has been made on a person chargeable to tax, may in that year or within five years after its expiration make an assessment or additional assessment, as the case may be, in respect of that person in the amount
6
or additional amount of chargeable profit and tax or in the additional amount of tax, in which according to the best of the Director General’s judgment, the assessment with respect to that person ought to have been made for that year.
(3)
The Director General, where for any year of assessment it appears to him that no or no sufficient assessment has been made on a person chargeable to tax in consequence of the Director General’s determination pursuant to subsection 17d(3), may in that year or within seven years after its expiration make an assessment or additional assessment, as the case may be, in respect of that person in the amount or additional amount of chargeable profit and tax or in the additional amount of tax, in which according to the best of the Director General’s judgment, the assessment with respect to that person ought to have been made for that year.
(4)
The Director General where it appears to him that—
(a)
any form of fraud or wilful default has been committed by or on behalf of any person; or
(b)
any person has been negligent, in connection with or in relation to tax, may at any time make an assessment in respect of that person for any year of assessment for the purpose of making good any loss of tax attributable to the fraud, wilful default or negligence in question.”.
New sections 6a, 6b, 6c and 6d