9911796707
TMI BlogBEST JUDGMENT ASSESSMENT IN RESPECT OF NON-FILERSX X X X Extracts X X X X X X X X Extracts X X X X ..... s instituted diverse measures while aiming to prompt regular filing among taxpayers. 8.2 Continuous vigil is maintained on the GST portal to pinpoint registered taxpayers who fail to submit their returns by the specified deadlines. Through the GST system, reports and alerts are automatically generated for non-filers, aligned with the frequency of return filing, whether it's on a monthly, quarterl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of records, documents or any other information in possession of such proper officer. 8.5 In such cases either no documents or records are furnished/claims are not substantiated or the records and/or evidence produced before the proper officer are rejected as being unreliable or incomplete/incorrect, either wholly or in part. 8.6 Section 62 of the CGST Act, 2017 provides for Best judgement asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the non-filers, the proper officer may assess the tax liability of such person to the best of his judgement taking into account all the relevant material available or which he has gathered and issue an assessment order within a period of five years from the due date for furnishing of the annual returns for the financial year to which the tax not paid relates 8.9 The provisions of Section 62 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of the CGST Rules, 2017, the order of assessment made under Section 62(1) of the CGST Act, 2017 has to be issued in FORM GST ASMT-13 and a summary thereof shall be uploaded electronically in FORM GST DRC-07. 8.13 If the taxpayer furnishes a valid return within 30 days of the service of the above said assessment order in FORM GST ASMT-13, the said assessment order shall be deemed to have been wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 62 of the CGST Act, 2017, the order becomes final and even if returns are filed subsequently, the order cannot be withdrawn. 8.15 Since FORM GST DRC-07 will also be issued, best judgement assessment under section 62 of the CGST Act, 2017 will lead to recovery of tax assessed and demand made in order in FORM GST ASMT-13. 8.16 CBIC, vide its Circular No. 129/48/2019, dated 24.12.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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