Assessment

The assessment section of the Central Goods and Services Tax (CGST) Act, 2017, encompasses various provisions detailing the methods and circumstances under which tax assessments can be carried out by the tax authorities. Here is a summary of the key sections related to assessment under the CGST Act:

 

1.  Section 59: Self-Assessment

   - Every registered person is required to self-assess the taxes payable and furnish a return for each tax period.

 

2.  Section 60: Provisional Assessment

   - A registered person can request provisional assessment if he/she is unable to determine the value of goods/services or the tax rate applicable.

   - The proper officer may allow paying tax on a provisional basis and issue an order within 90 days from the request.

 

3.  Section 61: Scrutiny of Returns

   - The proper officer may scrutinize the return and related particulars to verify correctness.

   - If discrepancies are found, the officer will inform the taxpayer and seek explanations.

 

4.  Section 62: Assessment of Non-Filers of Returns

   - If a registered person fails to furnish the return, the officer may proceed to assess the tax liability based on the available information.

   - The assessment order is issued within a period of five years from the due date of the annual return for the financial year to which the tax not paid relates.

 

5.  Section 63: Assessment of Unregistered Persons

   - For persons liable to be registered but who have not registered, or for persons whose registration has been cancelled, the officer may assess the tax liability for the relevant tax periods.

 

6.  Section 64: Summary Assessment in Certain Special Cases

   - In cases where there is evidence of tax liability and delay is detrimental to the interest of revenue, the proper officer, with prior permission from higher authorities, can proceed to make a summary assessment to protect the interest of revenue.

 

These sections ensure that the assessment process is comprehensive, covering different scenarios such as self-assessment by taxpayers, scrutiny of returns by tax authorities, assessment of non-filers and unregistered persons, and provisional and summary assessments.

 

For a detailed and precise understanding, you may refer to the [CGST Act, 2017](https://cbic-gst.gov.in/CGST-bill-e.html).