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CGST Act Section 63: Assessment of unregistered persons | Finin2min

Section 63 - Assessment of unregistered persons

Chapter XII - Assessment
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Source control: The text/status on this page is tied to the official source gateway and the Phase 1 legal-review register. Open official source.

Finin2min Summary - Section in 2 Minutes

Allows best-judgment assessment of persons liable but unregistered or whose registration was cancelled but liability continued. Notice and opportunity of hearing are mandatory. Five-year outer time limit applies.

Exact operative text

Paragraph-wise decode

Allows best-judgment assessment of persons liable but unregistered or whose registration was cancelled but liability continued. Notice and opportunity of hearing are mandatory. Five-year outer time limit applies.

Section-Rule-Form-Notification bridge

The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.

Practical example

A person crossed threshold and made taxable supplies without registration; officer issues ASMT-14 and considers the reply before ASMT-15.

Professional alert

Registration status does not determine substantive tax liability.

Implementation checklist

  1. Fix the transaction, taxable period and jurisdiction.
  2. Read every subsection, proviso, explanation and omission marker.
  3. Open the mapped Rule, form, notification and circular.
  4. Test State/UT variation and portal version.
  5. Preserve evidence, approvals, working papers and acknowledgements.
  6. Record the conclusion, assumptions, source date and reviewer.

Evidence and retention checklist

Practical Q&A

What does section 63 regulate?
It regulates assessment of unregistered persons. Read the exact text, conditions, exceptions and transaction date together.
Which subordinate law should be checked?
Rule 100. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
What evidence should be retained?
Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
Can portal behaviour override the statute?
No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.