ॐ असतो मा सद्गमय
On an application made in FORM GST ASMT–17 within 30 days by taxable person from the date of receipt of order passed summary assessment order the Additional/Joint Commissioner may withdraw such order and follow the procedure laid down in Section 73 or 74 which provides for determination of tax liability on account of tax not paid other than fraud, wilful mis-statement etc., or otherwise.
(ICAI FAQ PUBLICATIONS 06-09-2017 SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES: FAQ NO. 26)
The order of summary assessment under Section 64(1) shall be issued in FORM GST ASMT-16.
(ICAI FAQ PUBLICATIONS 06-09-2017 SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES: FAQ NO. 25)
Summary assessment can be initiated on any taxable person. Submission of return u/s 39 and u/s 45 is not prerequisite.
(ICAI FAQ PUBLICATIONS 06-09-2017 SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES: FAQ NO. 24)
No, mere change in opinion cannot be treated as evidence for initiation of summary assessment.
(ICAI FAQ PUBLICATIONS 06-09-2017 SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES: FAQ NO. 23)
No, the proper officer has to obtain prior permission of Additional/Joint Commissioner to proceed to assess the tax liability.
(ICAI FAQ PUBLICATIONS 06-09-2017 SUMMARY ASSESSMENT IN CERTAIN SPECIAL CASES: FAQ NO. 22)
The proper officer, in relation to assessment of taxes on the unregistered taxable person, shall issue the assessment order in FORM GST ASMT-15 within 5 years from the date specified under Section 44 for furnishing of the annual return for the financial year to which the tax not paid relates.
(ICAI FAQ PUBLICATIONS 06-09-2017 ASSESSMENT OF UNREGISTERED PERSONS: FAQ NO. 21)
If a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under section 29(2) but who was liable to pay tax, the proper officer may assess the tax liability to the best of his judgement after providing opportunity of being heard to such person.
The proper officer shall issue a notice to a taxable person in FORM GST ASMT-14 containing the grounds on which the assessment is proposed to be made on best judgment basis. The registered person will be allowed a time of fifteen days to furnish his reply.
(ICAI FAQ PUBLICATIONS 06-09-2017 ASSESSMENT OF UNREGISTERED PERSONS : FAQ NO. 20)
No, registered person will still be liable for interest under section 50(1) and late fee under Section 47 of CGST Act.
(ICAI FAQ PUBLICATIONS 06-09-2017 ASSESSMENT OF NON FILERS OF RETURNS: FAQ NO. 19)
Yes, if the registered person furnishes a valid return within thirty days from the date of service of best judgment assessment order under Section 62 (1), the said assessment order shall be deemed to have been withdrawn.
(ICAI FAQ PUBLICATIONS 06-09-2017 ASSESSMENT OF NON -FILERS OF RETURNS: FAQ NO. 18)
In terms of Section 62(1) of the CGST Act, 2017, the proper officer is empowered to assess the tax liability on such registered person to the best of his judgment taking into account all the relevant materials which is available or which is gathered and issue an assessment order in FORM GST ASMT-13 within a period of five years from the date specified under Section 44 for furnishing of the annual return for the financial year to which the tax not paid relates.
(ICAI FAQ PUBLICATIONS 06-90-2107 ASSESSMENT OF NON-FILERS OF RETURNS: FAQ NO. 17)