Best Judgement Assessment What is Assessment under GST?
“Assessment” means the process of determining the tax liability under GST Act, 2017. It includes various type of assessment like:
Self-assessment
Re-assessment
Provisional assessment
Summary assessment
Best judgment assessment
Best Judgement Assessment becomes applicable in 2 situations:
• When any registered person who is liable to file return but fails to do so.
• When any person who is liable to register under GST but fails to do so.
2. Best Judgement assessment in case of Unregistered Person [Section 63]
o It can happen if a taxable person fails to apply for registration under GST despite being liable to do the same or
It can also be done if a taxable person’s registration was cancelled by the proper officer under section 29(2).
o The proper officer shall assess the tax liability of the person during the period for which he/she remains unregistered.
o No such assessment order shall be passed without giving the person an opportunity of being heard.
o After issue order of SCN, order can be passed within 5 years from the due date for filing of the annual return of the relevant financial year to which the unpaid tax relates.
Forms:
The order of assessment made under sub-section (1) of section 62 shall be issued in FORM GST ASMT-13 and a summary thereof shall be uploaded electronically in FORM GST DRC-07.
The proper officer shall issue a notice to a taxable person in accordance with the provisions of section 63in FORM GST ASMT-14 containing the grounds on which the assessment is proposed to be made on best judgment basis and shall also serve a summary thereof electronically in FORM GST DRC-01, and after allowing a time of fifteen days to such person to furnish his reply, if any, pass an order in FORM GST ASMT-15 and summary thereof shall be uploaded electronically in FORM GST DRC-07.
0 Comments