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1 |
Self assessment (Sec. 59) |
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Registered person when furnishes returns u/s. 39 is a self assessment. |
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2 |
Provisional assessment (Sec. 60/ Rule 98) |
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Where taxable person is unable to determine value of goods/services or rate of tax applicable thereto, he may apply in Form GST ASMT-01 requesting proper officer for payment of tax on provisional basis. Taxable person shall execute a bond in Form GST ASMT-05 as prescribed. For delayed tax payment interest is payable. If there is a refund as per final assessment order then interest shall be paid to the person as per section 56. |
Proper officer shall pass an order within 90 days from the date of receipt of such request, allowing payment of tax on provisional basis, requiring for such surity or security deemed fit. Proper officer shall pass final assessment order within 6 months of communication of provisional order, considering required information. JC/Additional commissioner may extend said period by maximum 6 months. Commissioner may extend such period by maximum 4 years. |
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3 |
Scrutiny of returns (Sec. 61/ Rule 99) |
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Proper officer may scrutinize the returns furnished and inform discrepancies noticed, seeking explanation of person. If discrepancies are accepted then the person shall take corrective measures in his next return. |
Officer shall issue Notice in Form GST ASMT-10. Explanation shall be filed by the person, within 30 days or extended period. Explanation found acceptable, shall be informed to the person and drop further action. If explanation is not satisfactory or person does not take corrective measures in his next return then proper officer may initiate action for audit or special audit or inspection, search or seizure or proceed for demand and recovery as per law. |
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4 |
Assessment of non-filers of returns (Sec. 62) |
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Where registered person fails to furnish regular or final return even after service of notice u/s 46 proper officer may proceed to assess tax liability to the best of his judgment considering all relevant material available/gathered. |
Such assessment order shall be issued within 5 years from due date of furnishing annual return u/s. 44 i.e. 31st December following the end of relevant financial year. If a valid return is furnished within 30 days of service of such assessment order, the said order shall be deemed to have been withdrawn. The liability for interest u/s. 50(1) and late fee u/s. 47 shall continue. |
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5 |
Assessment of unregistered persons/period (Sec. 63) |
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Where a taxable person fails to obtain registration or whose registration is cancelled u/s. 29(2) but who was liable to pay tax, the proper officer may proceed to assess to the best of his judgement for relevant tax periods. |
Such assessment order shall be issued within 5 years from due date of furnishing annual return u/s. 44 i.e. 31st December following the end of relevant financial year. Hearing opportunity must be granted before passing such order. |
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6 |
Summary assessment in certain special cases. (Sec. 64) |
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Proper officer may, on any evidence coming to his notice, showing tax liability of a person, proceed to assess such person to protect interest of revenue. |
Proper officer shall obtain previous permission of Additional Commissioner/JC before proceeding to assess tax liability. Where the taxable person to whom the liability pertains is not ascertainable, the person incharge of such goods shall be deemed to be the taxable person liable to be assessed. Taxable person may apply within 30 days of receipt of such order, where proper officer may withdraw such order if Additional commissioner/JC considered that such order is erroneous. |
