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Standard Operating Procedure to be followed in case of non-filers of returns

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..... -filers of returns. Doubts have been raised across the field formations in respect of the appropriate procedure to be followed in case of non-furnishing of return under section 39 or section 44 or section 45 of the Rajasthan Goods and Services Tax Act, 2017 (hereinafter referred to as the "RGST Act"). It has further been brought to the notice that divergent practices are being followed in case of .....

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..... ed persons who fails to furnish return under section 39 or section 45 even after service of notice under section 46. FORM GSTR-3A provides as under: "Notice to return defaulter u/s 46 for not filing return Tax period- Type of return- Being a registered taxpayer, you are required to furnish return for the supplies made or received and to discharge resultant tax liability for the aforesaid tax pe .....

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..... 15 days of issuance of FORM GSTR-3A, the best judgment assessment in FORM ASMT-13 can be issued without any further communication. 4. Following guidelines are hereby prescribed to ensure uniformity in the implementation of the provisions of law across the field formations: (i) Preferably, a system generated message would be sent to all the registered person 3 days before the due to nudge them .....

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..... said return is still not filed by the defaulter within 15 days of the said notice, the proper officer may proceed to assess the tax liability of the said person under section 62 of the RGST Act, to the best of his judgement taking into account all the relevant material which is available or which he has gathered and would issue order under rule 100 of the RGST Rules in FORM GST ASMT-13. The prope .....

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..... mains unfurnished within the statutory period of 30 days from issuance of order in FORM ASMT-13, then proper officer may initiate proceeding under section 78 and recovery under section 79 of the RGST Act; 5. Above general guidelines may be followed by the proper officer in case of non-furnishing of return. In deserving cases, based on the facts of the case, the Commissioner may resort to provisio .....

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