Excise Act, 2001 — E-14.1 188
Assessments 188 (1) The Minister may assess (a) the duty payable by a person for a reporting period of the person; and (b) subject to section 190, interest and any other amount payable by a person under this Act. Reassessment (2) The Minister may reassess or make an additional assessment of any duty, interest or other amount that may be assessed under subsection (1). Allowance of unclaimed amounts (3) If, in assessing the duty, interest or other amount payable by a person for a reporting period of the person or other amount payable by a person under this Act, the Minister determines that (a) a refund would have been payable to the person if it had been claimed in an application under this Act filed on the particular day that is (i) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or (ii) if the assessment is in respect of interest or other amount, the day on which the interest or other amount became payable by the person, (b) the refund was not claimed by the person in an application filed before the day on which notice of the assessment is sent to the person, and (c) the refund would be payable to the person if it were claimed in an application under this Act filed on the day on which notice of the assessment is sent to the person or would be disallowed if it were claimed in that application only because the period for claiming the refund expired before that day, the Minister shall apply all or part of the refund against that duty, interest or other amount that is payable as if the person had, on the particular day, paid the amount so applied on account of that duty, interest or other amount. Application of overpayment (4) If, in assessing the duty payable by a person for a reporting period of the person, the Minister determines that there is an overpayment of duty payable for the period, unless the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall (a) apply (i) all or part of the overpayment against (ii) any amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day on which the person was required to file a return for the period, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the particular day, paid the amount so applied on account of the outstanding amount; (b) apply (i) all or part of the overpayment that was not applied under paragraph (a) together with interest on the overpayment at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of (A) the particular day, (B) the day on which the return for the reporting period was filed, and (C) in the case of an overpayment that is attributable to a payment made on a day subsequent to the days referred to in clauses (A) and (B), that subsequent day, and ending on the day on which the person defaulted in paying the outstanding amount referred to in subparagraph (ii) against (ii) any amount (in this paragraph referred to as the “outstanding amount”) that, on a day (in this paragraph referred to as the “later day”) after the particular day, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the later day, paid the amount and interest so applied on account of the outstanding amount; and (c) refund to the person the part of the overpayment that was not applied under paragraphs (a) and (b) together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of (i) the particular day, (ii) the day on which the return for the reporting period was filed, and (iii) in the case of an overpayment th