Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period as specified under section 39. [Section 59]
Self Assessment
As per section 59 of the CGST Act, 2017, self-assessment is required to be done by every registered taxable person himself, in relation to taxable supply made, on the basis of accounts and records available with him and furnish return under section 39 for each period and pay declared tax thereon.
Accordingly, following are the important points to be noted for the purpose of self assessment:
- Self-assessment shall be done by every registered person.
- It involves self assessment of taxes payable.
- To self assess implies assessment by the tax payer himself.
- Tax return has to be filed for each tax period in terms of section 39 of CGST Act, 2017.
It may be noted that provisions relating to furnishing of returns are provided in section 39 of CGST Act, 2017 read with sections 37 to 48 of CGST Act, 2017 in Chapter IX of the Act, relating to various returns to be filed by the taxpayer. Further, rules 59 to 84 of CGST Rules, 2017 provides for forms and manner of filing different returns under the Act.
List of returns to be filed under section 39 of CGST Act, 2017
The returns to be filed by registered person, inter alia, include the following :
S.No.
|
Return Form
|
To be used for
|
-
|
GSTR 1
|
Statement of Outward Supplies
|
-
|
GSTR 3B
|
Return for normal taxpayer / QRMP
|
-
|
GSTR 4
|
Return for composition taxpayer
|
-
|
GSTR 5
|
Return for non-resident taxpayer
|
-
|
GSTR 6
|
ISD
|
-
|
GSTR 7
|
TDS
|
-
|
GSTR 8
|
TCS
|
-
|
GSTR 9
|
Annual Return
|
-
|
GSTR 9 A
|
Annual return for composition taxpayer
|
-
|
GSTR 9C
|
Reconciliation statement
|
-
|
GSTR 10
|
Final return
|
-
|
GSTR 11
|
Statement of inward supplied by UIN holders
|
-
|
CMP 08
|
Statement of payment of self-assessed tax
|
-
|
ITC -01
|
Declaration of ITC on opening stocks
|
-
|
ITC -02
|
Transfer of ITC
|
-
|
ITC -03
|
Reversal of ITC on closing stocks
|
-
|
ITC -04
|
Job-work transactions
|
Conditions Precedent
- Only registered person is required to self assess under section 59 of CGST Act, 2017.
- Self assessment does not apply to unregistered person.
- Obligations to determine tax payable and filed applicable return are co-terminus.
- There is no departmental assessment in case of self – assessment.
- Since it is a case of self assessment, burden of proof of such assessment lies on the taxpayer only unlike in case of suppression.
Verification of Self Assessment
Though, self assessment does not involve any assessment on the part of revenue authorities, a wrong self assessment may have the consequences of attracting the following provisions from Department’s point of view.
Section
|
Relating to
|
60
|
Provisional assessment
|
61
|
Scrutiny of returns
|
62
|
Assessment of non-filers of returns
|
63
|
Assessment of unregistered persons
|
64
|
Summary assessment in certain special cases
|
65
|
Audit by tax authorities
|
66
|
Special audit
|
67
|
Power of inspection, search and seizure
|
68
|
Inspection of goods in movement
|
69
|
Power to arrest
|
70
|
Power to summon persons to give evidence and produce documents
|
71
|
Access to business premises
|
72
|
Officers to assist proper officers
|
Stages in self assessment
The self assessment under GST involves the following steps on the part of taxpayer:
Registration of tax payer
|
Determination of tax payable
|
Payment of tax
|
Filing of returns
|
Relevant judicial pronouncements
Further, the court observed that a writ court cannot make a fact finding exercise to ascertain, which would be an appropriate entry under which the goods are to be classified. Infact, under the normal course, in respect of classification disputes, the High Court cannot entertain an appeal against an order passed by the Cestat as the appeal lies to the Hon'ble Supreme Court in respect of classification issues or matters concerning rate of tax. Court did not venture into as what would be the appropriate classification of the goods as this exercise being a factual exercise has to be necessarily agitated before the appellate authority.
The assessee through their letters dated 15.03.2019, requested the Assessing Officer to give them time upto 15th April, 2019 for submission of reply by stating that they need to collect more data to justify their time and that they are also preparing GSTR-2A reconciliation against their input credit taken in monthly return.
Since the assessee had sought for time to file its objections, but the order of assessment was passed simply by confirming proposals in absence of any objection from assessee, the court remitted back the matter to Assessing Officer to redo assessment after receiving reply from the assessee.
By: Dr. Sanjiv Agarwal - November 1, 2021
Discussions to this article
sir,
namasthe, kindly analyze the Bharati Airtel - 2021 (11) TMI 109 - SUPREME COURT where Supreme court has rejected the claiming of refund of ₹ 900 Cr(approx) and how it becomes important in filing of returns
The cited SC case clarifies that GSTR-2A is only a facilitation made available to a taxpayer. However tax payer has to take ITC as per his books only.
Bharat Cholleti
Will try to attempt.
Sanjiv Agarwal
Ganeshan Kalyani
You are right Sir,
Sanjiv Agarwal