7. Assessment of employer or  person.- 
(1) Notwithstanding anything  contained in sub-section (2) as it existed prior to commencement of the  Karnataka Taxation Laws(Amendment) Act, 2009, every employer shall be deemed to  have been assessed to tax based on the return filed by him under section 6 for  any year commencing from the first day of April, 2008, except in cases where the  Commissioner may notify the employer of any requirement of production of  accounts before the assessing authority in support of a return filed for any  year and such authority shall proceed to assess such dealer,
(a) on the basis of the return  filed where he is satisfied that the return filed is correct and complete, or 
(b) to the best of its judgment,  where the return filed appears to be incorrect or incomplete, after giving the  employer an opportunity of showing cause against such assessment in  writing." ; 
(2) Notwithstanding anything  contained in this section as it existed prior to commencement of the Karnataka  Taxation Laws (Amendment) Act, 2009, the Government may notify, subject to such  conditions as may be specified, that assessment of any specified class of  employers for any year shall be deemed to have been made on the basis of the  return submitted under sub-section (1) without requiring the presence of the  employer or production of accounts and other documents by the employer." ;
(3) If an employer has failed to  get himself registered or being registered, has failed to file any return or a  person has failed to get himself enrolled under section 5, the assessing  authority shall, after giving the employer or the person as the case may be a  reasonable opportunity of making representation and after holding such enquiry  as it deems fit, or otherwise, pass an order assessing the amount of tax due to  the best of its judgement.
(3A) When making an assessment  under sub-section (3) the assessing authority may also direct the employer or  the person, as the case may be to pay in addition to the tax assessed a penalty  equal to the amount of tax assessed under sub-section (3).
(4) The amount of tax so assessed  1[or the amount of penalty so levied]1 shall be paid within fifteen days of  receipt of the notice of demand from the assessing authority.
 
(5) If within one month from the  service of a notice of demand under sub-section (4) the 1[employer or person]1  satisfies the assessing authority that he was prevented by sufficient cause from  getting himself registered or, from filing the return under section 6 or from  getting himself enrolled under section 5, as the case may be, the assessing  authority shall cancel the assessment made under sub-section (3) and proceed to  make a fresh assessment in accordance with the provisions of this section as the  circumstances of the case may warrant.