Section 81.1 — Excise Tax Act: Assessment

The Minister may, in respect of any matter, assess a person for any tax, penalty, interest or other sum payable by that person under this Act and may, notwithstanding any previous assessment covering, in whole or in part, the same matter, make such additional assessments as the circumstances require. The Minister may, in respect of any matter covered by an assessment, vary the assessment or reassess the person assessed. An assessment shall be completed with all due dispatch and may be performed in such manner and form and by such procedure as the Minister considers appropriate. The Minister is not bound by any return, application or information supplied by or on behalf of any person and may make an assessment, notwithstanding any return, application or information so supplied or that no return, application or information has been supplied. In making an assessment, the Minister may determine whether an amount is payable to the person being assessed pursuant to any of sections 68 to 68.29. For the purposes of determining, in making an assessment, whether an amount is payable to the person being assessed pursuant to any of sections 68 to 68.29, the person is deemed to have duly made an application under the section on the day on which the notice of assessment is sent to him. In making an assessment, the Minister may determine whether a credit may be allowed to the person being assessed pursuant to subsections (8) to (10). Where an amount would be payable to the person being assessed pursuant to any of sections 68 to 68.29 if that person had duly made an application under the section on the day on which the notice of assessment is sent to him, and if the reference in the section to “two years” were read as a reference to “four years”, a credit in that amount may be allowed to that person. The aggregate of the credits that may be allowed to the person being assessed shall not exceed the aggregate of the taxes, interest, penalty or other sums, if any, remaining unpaid by that person for the period beginning four years before the day on which the notice of assessment is sent to him and ending immediately before two years before that day. No credit may be allowed for any amount that the Minister, pursuant to subsection (5), determines is payable to the person being assessed.