1. If any person, being an employer :
(a) fails to make the return required under section 115WD(1) and has not made a return under sub-section (3) or a revised return under sub.-section (4) of that section, or
(b) ails to comply with all the terms of a notice issued under section 115WD(2) or fails to comply with-a direction issued under section l42(4A), or
(c) having made a return, fails to comply with all the terms of a notice issued under section 115WE(2).
The Assessing Officer, after taking into account all relevant material which the Assessing Officer has gathered, shall, after giving the assessee an opportunity of being heard, make the assessment of the fringe benefits to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment
Such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice as to why the assessment should not be completed to the best of his judgment [Proviso 1]
That it shall not be necessary to give such opportunity in a case where a notice under section 115WD(2) has been issued prior to the making of an assessment under this section. [Proviso 2]