Get answers to common questions about GST assessment. Understand the tax assessment process, requirements, and implications. Simplify your understanding.
Assessment means determination of tax liability under GST law.
The Types of Assessment under GST:
(1) Self-assessment.
(2) Provisional assessment.
(3) Scrutiny assessment.
(4) Best judgment assessment.
(5) Assessment of non-filers of returns.
(6) Assessment of unregistered persons.
(7) Summary assessment.
Only Self-assessment is done by tax payer himself. Rest all assessment are done by tax authorities.
The taxpayer can submit an application to Tax Authorities for provisional assessment by furnishing the form GST ASMT-01 along with necessary documents. Until then the Tax Authority may allow the Taxpayer to pay tax on transaction on provisional basis.
The tax authority is required to pass an order on application made for provisional assessment within a period of 90 days via form GST ASMT-04.
The taxpayer is required to submit a bond along with bank guarantee to tax authorities in case there is difference of tax paid on provisional basis and actual tax liability after assessment. The bond and bank guarantee is required to submitted via form GST ASMT-05.
No, after the completion of provisional assessment, a final assessment is required to be done within 6 months of provisional assessment.
In case some additional documents/clarification/information are required for final assessment, then Proper officer shall issue form GST ASMT-06 asking the same.
On completion of final assessment, an order shall be issued via form GST ASMT-07.
Yes, the Directorate General of Analytics and Risk Management (DGARM) has been assigned the task to select the GSTINs registered with Central tax authorities, whose returns are to be scrutinized.
No, the proper officer is expected to rely upon the information available with him or with the department. As far as possible, scrutiny of returns should have minimal interface between the proper officer and the registered person and, there should normally not be any need for seeking documents/ records from the taxpayers before issuance of FORM GST ASMT-10.
On the basis of information available with proper officer, he is required to issue Form GST ASMT-10 informing him of the discrepancies noticed and seeking his explanation thereto.
The proper officer is also required to consider the payments made through Form GST DRC-03 while addressing the discrepancy of a return.
[Instruction No. 02/2022-GST]
No, the proper officer is required to scrutinize all the returns pertaining to the corresponding Financial Year under consideration and a single compiled notice in FORM GST ASMT-10 may be issued to the taxpayer for that financial year.
In case the taxpayer accepts any liability then he shall pay amount of tax, interest and penalty via Form GST DRC-03.
The taxpayer is required to reply for notice via Form GST ASMT-11 within 30 days from receipt of Form GST ASMT-10.
The proper officer can issue an assessment order return via Form GST ASMT-13 for taxpayer who has not filed the returns.
However, if a taxpayer files the returns within 30 days from the receipt of such order, then the order shall be deemed to have been withdrawn. However, liability to pay tax interest and penalty shall remain. [Section 62]
Yes, if a taxable person fails to obtain registration even though liable to do so or a person whose registration has been cancelled but was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgment. A show cause notice via Form GST ASMT-13 shall be issued.
The assessment order shall be passed by proper officer via Form GST ASMT-15.