FAQs on Assessment of NonFilers of ReturnV.N. Damodar

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The Tax Publishers GST--FAQs on Assesment FAQs on Assessment of Non-Filers of Return V.N. Damodar The learned author tries to make an analytical study the scheme of provisions in respect of assessment of non-filers of returns under the GST regime with the help of some Frequently Asked Questions (FAQs). 1. Who are non-filers of returns? In terms of section 39 of the CGST Act, a registered taxable person is required to furnish monthly/quarterly within the prescribed period. A registered taxable person is also required to furnish an annual return in terms of section 44 of the Act. As per section 45 of the Act, every registered person whose registration has been cancelled, is required to furnish a final return within 3 months of the date of cancellation or date of order of cancellation, whichever is later. According to section 46 of the Act, where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within 15 days. Non-filers of returns are those registered taxable persons who fail to furnish the monthly return under section 39 or final return under section 45, ever after the service of a notice under section 46. 2. What is best-judgment assessment? As per sub-section (1) of section 62 of the CGST Act, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

GST--FAQs on Assesment

FAQs on Assessment of Non-Filers of Return

V.N. Damodar

The learned author tries to make an analytical study the scheme of provisions in respect of assessment of non-filers of returns under the GST regime with the help of some Frequently Asked Questions (FAQs).

1. Who are non-filers of returns?

In terms of section 39 of the CGST Act, a registered taxable person is required to furnish monthly/quarterly within the prescribed period. A registered taxable person is also required to furnish an annual return in terms of section 44 of the Act. As per section 45 of the Act, every registered person whose registration has been cancelled, is required to furnish a final return within 3 months of the date of cancellation or date of order of cancellation, whichever is later.

According to section 46 of the Act, where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within 15 days.

Non-filers of returns are those registered taxable persons who fail to furnish the monthly return under section 39 or final return under section 45, ever after the service of a notice under section 46.

2. What is best-judgment assessment?

As per sub-section (1) of section 62 of the CGST Act, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered.