GST Assessment

By Registrationwala

26th April 2017

 

Goods & service tax ( GST ) is said to be the most awaited indirect tax reform of

India since independence. It has been creating a buzz amongst all stakeholders, traders, businessman etc. that the long –delayed bill will be passed, which will pave the way for “one nation, one rate system “ in the country.

GST will consolidate all indirect taxes under one umbrella & help Indian Businesses become globally competitive.

To Facilitate easy calculation & payment of taxes , GST has provisions for assessments such as Self Assessment . The Introduction of Self – Assessment into the GST legislation will add to & enhance other improvements being made to simplify tax administration. The GST Self – Assessment provisions also achieve a better interface between the GST Act & the TAA.

Assessment Under GST

Assessment means determination of tax liability under GST Law. A taxpayer who is required to provide a return under the GST Act for a taxable period must make an assessment of the tax payable for the period.

Types of Assessment Under GST

  • Self – Assessment
  • Provisional Assessment
  • Scrutiny Assessment
  • Best Judgment Assessment
  • Summary Assessment

Self – Assessment

Every person registered under the act himself assess the tax payable him for a tax period also furnish the return for each tax period. It means GST continues to promote Self – assessment just like the Excise , VAT & Service tax under the current tax regime.

Who is a taxable person ?

Every person whose aggregate exceeds Rs. 20L is required to get registered under the Act is a taxable person.

Self – Assessment will be done through filling of Return

Provisional Assessment 

Under this if the taxable person is unable to determine the value of goods/services or determine the rate of tax applicable thereto provisional assessment may be done at the request of that person or we can say that an assessee can request the officer for provisional assessment if he is unable to determine value or rate.

Procedure Involved in this assessment as follows

  • The taxable person is to request the proper officer in writing giving reasons for payment of tax on a provisional basis ;
  • The proper officer can allow paying taxes on provisional basis at a rate or on a value specified by him ;
  • Order will be passed within 90 days from date of request;
  • The taxable person has to execute a bond in the prescribed form & with such surety or security as the proper officer may deem fit
  • Along with the bond , he promising to pay the difference between provisionally assessed tax & final assesses tax ;
  • The Proper officer may require such information for finalizing the assessment ;
  • The taxable person shall be liable to pay interest on any amount payable to the central / state government consequent to the order for final assessment at the rate specified from the first day after the due date of payment of tax in respect of the said goods / or services till the date of actual payment , whichever such amount is paid before or after the issue of order for final assessment ;

Best Judgment Assessment 

Under this assessment, an assessing officer assesses based on his reasoning & using the information available. The assessment will be made without any having any bias.

Best Judgment Assessment will applicable under two situations :

  • When a taxable person has not filed a return.
  • When a person has not registered for GST even though  he is liable to.
If a registered taxable person fails to furnish the return the proper officer has to issue a notice to such defaulting taxable person requiring him to furnish the return within the specified period of time. Such period shall not exceed more than 15 days.
 
 If any case the taxable person fails to file the return within the time given by the proper officer in the notice , the proper officer shall proceed to assess the tax liability of the return defaulter to the best of his judgment taking into account all the relevant material available with him.

 

GST Assessment

2017-04-26