Goods and Services Tax – GST – By: – Sanjeev Singhal – Dated:- 27-11-2017 Last Replied Date:- 28-11-2017 – Assessment of GST returns have been defined in Chapter- XII under section 59 to 64 of the CGST Act,2017. There are several types of assessment which have been categories as below: Self Assessment Provisional assessment Scrutiny of Returns Assessment of non filer of returns Assessment of unregistered person Summary assessment in certain special cases Self Assessment Every registered person shall self assess his taxable value and furnish return for each tax period under section 39 of the Act. Provisional Assessment Where the taxable person unable to determine the value of goods or services , may request to proper officer in writing to make payment of taxes on provisional basis. Payment of tax on provisional basis may be allowed if taxable person execute bond with surety or security as may be prescribed. This is required for binding the person for payment of difference of tax betwee
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rm-ASMT-04 indicating the value and rate on the basis of which assessment is to be allowed on provisional basis and the amount for which the bond to be executed. Security for the bond amount to be furnished which shall not exceed 25% of the bond amount. The registered person shall execute bond on Form- ASMT-05 along with security in the form of bank guarantee. Applicant will file Form-ASMT -08 for release of security. Scrutiny of Return The proper officer may scrutinize the return and related particulars furnished by taxable person and inform him the discrepancy if any and ask for explanation of the same. If he is satisfied with the explanation ,inform him about the same. If no satisfactory information has been furnished, proper officer may take the appropriate action including those under section 65, 66 and 67 and proceed to determine the tax under section 73 and 74. Rule -99 of CGST Rules,2017 , under the proceeding of scrutiny where proper officer ask for any discrepancy will issue
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iod and issue assessment order within period of five years due date of filing the annual return under section 44. Summary Assessment in certain special cases The proper officer on the basis of evidence showing tax liability of any taxpayer issue his notice subject to permission of Assistant Commissioner / Joint Commissioner proceed to tax the liability of such person in the interest of revenue and issue a assessment order. On application made by taxable person within 30 days from the date of receipt of order passed or on his motion , AC/JC consider that such order is erroneous may withdraw the order and follow the procedure laid u/s 73 and 74. About the Author: Author is practicing chartered accountant in Gurugram[ Haryana] and having practice in Goods and Service Tax . He can be reached at sanjeev.singhal@skaca.in. WWW. skaca.in – Reply By Ganeshan Kalyani – The Reply = Nice write up. Sir, how the department will locate the unregistered dealer to initiate assessment. May be the depar
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