Write short note on the 'Assessment of Non-filer of returns' under section 62 of the CGST Act, 2017.

CA Final · Indirect Tax Laws · PYQS · May 2025
Write short note on the 'Assessment of Non-filer of returns' under section 62 of the CGST Act, 2017.

Suggested Answer and Working Notes:

Best Judgment Assessment Assessment of non-filer of returns under section 62 of the CGST Act, 2017: Notwithstanding anything to the contrary contained in section 73 or section 74, where a registered person- fails to furnish the monthly/quarterly return under section 39 orfails to furnish the final return under section 45 even after service of a notice requiring him to furnish the return within a period of 15 days, the proper officer may assess the tax liability of said person to the best of his judgement taking into account all the relevant material which is available or which he has gathered. The assessment order shall be issued within a period of 5 years from the date specified for furnishing of the annual return for the financial year to which the tax not paid relates. Where the registered person furnishes a valid return within 60 days of service of the assessment order passed above, the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest /late fee shall continue. Otherwise, he may furnish the same within a further period of 60 days on payment of an additional late fee of 100for each day of delay beyond 60 days of the service of the said assessment order. In such case, said order shall be deemed to have been withdrawn, but the liability to pay interest/late fee shall continue.

Topics: Assessment and Audit

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