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Assessment of non-filers of returns Section 62 - GST Ready Reckoner - GST

Extract

..... f-assessment then the Assessing Officer is left with no recourse but to pass an assessment order. Act provides for such an eventuality. Accordingly, if a registered taxable person fails to file the monthly or quarterly return under section 39 the final return under section 45 (in case of a person applying for cancellation) Even after a notice is served under section 46 . Action taken by Proper Officer In case of failure to furnish the return under Section 39 or Section 45 or sec .....

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Assessment of non-filers of returns Section 62 - GST Ready Reckoner - GST

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..... d return within a period of 30 days of the service of such assessment order shall be deemed to be withdrawn , if such registered person furnishes the said return on or before 30.06.2023 along with interest due under section 50(1) and late fee payable under section 47. The above benefit shall be available irrespective of whether or not an appeal has been filed against such assessment order under section 107 or whether or not the appeal, if any, filed against the said assessment order has been dec .....

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Assessment of non-filers of returns Section 62 - GST Ready Reckoner - GST

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..... non-filer or return . [ Circular No. 129/48/2019 GST ] Consequences in case of invalid Return in pursuit to Assessment Order Further Section 62(2) Provides that If the person does not furnish a valid return within 30 days 60 days of service of Order, then demand as determined by the officer shall be recoverable from the taxpayer These guidelines are set out in judicial precedents held over a period of time: CST v. H.M. Esufali H.M. Abdulali (1970) it has been observed by the Supreme Court tha .....

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Assessment of non-filers of returns Section 62 - GST Ready Reckoner - GST

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..... n which it was observed that the officer making best judgment assessment should not act dishonestly, vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be a fair estimate of the proper figure of assessment and for this purpose, he must take into account local knowledge and repute in regard to the taxpayer s circumstances and all other matters which he thinks will assist him in arriving at a fair and proper estimate and though t .....

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Assessment of non-filers of returns Section 62 - GST Ready Reckoner - GST

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