Uniformity of Income Assessment in GST – File Taxes Online | Online tax services in India

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    The term “Assessment” means the computation of the income of the Assessee, the determination of the tax payable by him and then the procedure for the collection and collection of such tax.

    As per the provisions of Section 2 (11) of the CGST Act, the term “Assessment” means the determination of tax liability under this Act and includes self-assessment, re-assessment, preliminary assessment, aggregated assessment and best judgment assessment.

    Let us discuss the different types of assessments under the CGST Act:

    • Self Assessment under Section 59 of the CGST Act:

    As per the provisions of the CGST Act, every registered taxable person has to independently calculate the taxes payable under the Act and is required to file a return for each tax period as determined by the applicable provisions of the Act.

    All taxpayer returns are filed on a self-assessed basis.

    • Advance assessment under Section 60 of the CGST Act:

    Advance valuation is chosen when the taxable person is unable to determine the value of the goods or services or both or is unable to determine the rate of tax applicable thereto.

    Provided that, in such event, the taxable person may require the appropriate officer in writing to state the reasons for the payment of the tax on a provisional basis, and the appropriate officer shall issue an order within a period not later than ninety days from the date of the receipt of such request allowing provisional payment of tax at such rate or such amount as may be determined by him as specified in section 60 of this Act.

    • Controlled Assessment under Section 61 of the CGST Act:

    As per the provisions of the CGST Act, the concerned officer may scrutinize the return and the relevant particulars furnished by the registered person to verify the correctness of the return filed and bring to his notice the discrepancies, if any, found, in such manner as may be prescribed and the concerned officer may also seek clarification regarding identified inconsistencies. Provided that,

    – if the provided explanation is deemed acceptable, the taxable person will be informed accordingly and no further action will be taken,

    – if satisfactory explanations are not provided within the prescribed period of thirty days or such other prescribed period of time as may be allowed, or if the registered person, after recognizing the non-conformities, fails to take remedial action, the concerned officer may take appropriate action as provided by law or may proceed to the determination of tax and other charges.

    • Best judgment assessment under Sections 62 and 63 of the CGST Act:

    Best judgment assessment is mainly for those who do not file a GST return.

    • Best judgment assessment for registered persons under Section 62 of the CGST Act:

    Provided that if a registered taxable person fails to file a return under the prescribed sections 39 and 45, even after serving notice of the same under section 46, the appropriate officer may proceed to assess the tax liability of such person in the best manner. of his decision after considering all material available or collected by him and passing an assessment order within five years from the date specified in section 44 to file the annual return for the particular financial year to which the unpaid tax relates.

    • Best Estimate of Non-Registered Persons under Section 63 of the CGST Act:

    Provided that in case a taxable person is unable to obtain registration even though he was required to do so or whose registration has been canceled under the CGST Act but he was liable to pay tax, in such case the concerned officer may proceed to assess the tax liability of such taxpayer as it thinks fit for the relevant tax periods and make an assessment order within five years from the date specified in section 44 for the provision of an annual return for the financial year to which the unpaid tax relates .

    It should be noted that no order of assessment shall be passed without notice of the reasons and reasonable opportunity of being heard to such taxpayer.

    • Brief Assessment under Section 64 of the CGST Act:

    This type of assessment is permitted only to protect the interests of the revenue when the delay may adversely affect the revenue. From now on, the summative assessment is the sole authority.

    Under summary assessment, the concerned officer may proceed to assess the tax liability of such person on the basis of any evidence of the tax liability of the person coming to the notice with the prior permission of the Additional/Joint Commissioner under the Act. to protect the interests of the revenue.

    It may be noted that under Sections 160 and 161 of the CGST Act, assessment or reassessment:

    • Cannot be invalidated on flimsy grounds.
    • The notification cannot be challenged if action has been taken in accordance with it.
    • Errors that are visible from the records can be corrected.

    Do you need to know more about GST?
    Feel free to email me info@taxreturnwala.com

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