Section 63 - Assessment of unregistered taxable persons
Contents
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Topics |
Section/Rules/N/C/O |
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Purpose of Section 63 |
NA |
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Assessment of Unregistered Person or Person whose registration has been cancelled |
NA |
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Assessment order within 5 years from date of annual return of related FY |
Section 63 |
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Time limit for issuance of assessment order = 5 yrs from due date of annual return |
Section 63 |
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Procedure for issue of Assessment Order |
NA |
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Opportunity of being heard must be given before passing assessment order |
1st Proviso to Section 63 |
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PO shall issue SCN in ASMT-14 containing grounds of assessment along with summary in DRC-01 |
Rule 100(2) |
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After 15 days of reply, Assessment order in ASMT-15 with summary thereof in DRC-07 |
Rule 100(2) |
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Misc Question |
NA |
63.0 Purpose of Section 63
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Section 63 provides provision for best judgement assessment of unregistered person or person whose registration has been cancelled u/s 29(2). |
63.1 Assessment of Unregistered Person or Person whose registration has been cancelled
63.1.1 Assessment order within 5 years from date of annual return of related FY
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Section 63 Notwithstanding anything to the contrary contained in section 73 or section 74, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled u/s 29(2) but who was liable to pay tax, the PO may proceed to assess the tax liability of such taxable person to the best of his judgment for the relevant tax periods |
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Section 63 overrides section 73 and 74 |
63.1.2 Time limit for issuance of assessment order = 5 yrs from due date of annual return
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Section 63 PO may issue an assessment order within 5 years from the date specified u/s 44 for furnishing of the annual return for the FY to which the tax not paid relates |
63.2 Procedure for issue of Assessment Order
63.2.1 Opportunity of being heard must be given before passing assessment order
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1st Proviso to Section 63 no such assessment order shall be passed without giving the person an opportunity of being heard. |
63.2.2 PO shall issue SCN in ASMT-14 containing grounds of assessment along with summary in DRC-01
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Rule 100(2) PO shall issue a notice to a taxable person u/s section 63 in GST ASMT-14 containing the grounds on which the assessment is proposed to be made on best judgment basis and shall also serve a summary thereof electronically in GST DRC-01 |
63.2.3 After 15 days of reply, Assessment order in ASMT-15 with summary thereof in DRC-07
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Rule 100 (2) After allowing a time of 15 days to such person to furnish his reply, if any, he shall pass an order in GST ASMT-15 and summary thereof shall be uploaded electronically in GST DRC-07 |
63.3 Miscellaneous Questions
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GST Gyaan | https://gstgyaan.in | CA Rajesh Ritolia - 9350171263