68Default assessments

#### 68 Default assessments (1) Where: (a) a person has made a statement for the purposes of paragraph 58C(1)(d) in which the amount stated as the market value of the vehicle concerned is more or less than the amount that, in the opinion of the Commissioner, was the market value of the vehicle as at the time when the application for registration of the vehicle was made; or (b) the Commissioner is of the opinion that a person is liable to pay duty or tax (whether or not any return or information has been furnished or any instrument has been lodged for assessment); the Commissioner may make an assessment of the amount of duty or tax that, in his opinion, is payable and, in a case to which paragraph (a) applies, he may for that purpose determine the market value of the vehicle concerned as at the time when the application for registration of the vehicle was made. (2) An assessment shall not be made in pursuance of paragraph (1)(a) in relation to the registration of a vehicle after the expiration of 3 years after the registration unless the statement referred to in that paragraph was false or misleading in a material particular. (3) Where, by reason of an assessment made in pursuance of paragraph (1)(a), a person has overpaid tax, the amount of tax overpaid shall be refunded.