(1) Where, in respect of a taxable supply by a taxable person, the taxable person has, in consequence of a fraudulent action or misrepresentation by the recipient of the supply, incorrectly treated the supply as an exempt or zero rated supply, the Comptroller may raise an assessment upon the recipient for the amount of unpaid tax in respect of the supply together with any interest that has become payable under sections 33 and 46.
(2) The Comptroller shall serve a notice of an assessment under subsection (1) on the recipient specifying —
(a) the tax payable;
(b) the date the tax is due and payable; and
(c) the time, place, and manner of objecting to the assessment.
(3) An assessment raised under subsection (1) is treated as an assessment for all purposes of this Act.
(4) Subsection (1) does not preclude the Comptroller from recovering the tax or interest from the taxable person making the supply.
(5) For the purposes of subsection (4) —
(a) any amount recovered from the recipient is to be credited against the liability of the taxable person; and
(b) any amount recovered from the taxable person is to be credited against the liability of the recipient.
(6) Where an amount of tax or interest referred to in subsection (1) is paid by the taxable person, the taxable person may recover the amount paid from the recipient.
(7) An amount assessed under this section is treated, for all purposes of this Act, as tax charged under this Act.