33. Assessment of Tax based on Audit Objections

Where an objection has been made by the Comptroller and Auditor General of India in respect of an assessment or re-assessment made or scrutiny of any return filed under this Act, the prescribed authority shall proceed to re-assess the dealer with respect to whose assessment or re-assessment or scrutiny, as the case may be, the objection has been made in the manner prescribed.

Provided that if the objection involves a point of law, no re-assessment shall be made unless the prescribed authority is satisfied that such objection is lawful. If the prescribed authority, for reasons to be recorded in writing, differs from the audit objection he shall refer the question of law involved to the Commissioner and the decision of the Commissioner shall be final:

Provided that no order under this section shall be passed without giving the dealer an opportunity of being heard.