Section 25, The Finance Act, 2013

Section 130 of the Income Tax Act,2000 is amended by theinsertion of the following new subsections immediately after subsection 2– “(3) Where a withholding agent– (a) fails to file the statement required by section 128; (b) fails to withhold tax as required by this Act; (c) fails to pay to the Commissioner-General any tax that has been withheld; or (d) has filed the statement required by section 128 and the Commissioner- General is of the opinion that the information provided in the statement does not correctly disclose the amount of the tax that should have been withheld, the Commissioner-General may, according to his best judgment, determine the amount of the tax payable and may make an assessment accordingly. (4) A withholding agent may file with the Commissioner-General an objection to any assessment made by the Commissioner-General under subsection (3) and Part XVII relating to objections and appeals shall, with the necessary modifications, apply to the determination of the objection filed.”