Who assesses, when, and under which section

1๏ธโƒฃ What Is โ€œAssessmentโ€ under GST? (In One Line)

Meaning
Assessment under GST is the determination of tax liability of a person either by the taxpayer himself or by the tax authority, depending on the situation, as per the CGST Act, 2017.

๐Ÿ“Œ GST is self-assessment first, enforcement later.


2๏ธโƒฃ Snapshot: All Types of GST Assessments

Type of AssessmentSectionWho Determines TaxWhen It Applies
Self-Assessment59TaxpayerRegular compliance
Provisional Assessment60Taxpayer + OfficerRate/value uncertainty
Scrutiny of Returns61Tax OfficerReturn mismatches
Best Judgement (Registered)62Tax OfficerNon-filing of returns
Best Judgement (Unregistered)63Tax OfficerTaxable but unregistered
Summary Assessment64Tax Officer (with approval)Urgent revenue risk

3๏ธโƒฃ Self-Assessment โ€” Section 59 (Default Rule)

AspectDetails
NatureTrust-based
Returns involvedGSTR-1, GSTR-3B, Annual Return
Officer involvementโŒ None
ITC & tax calculationDone by taxpayer

Illustrative Example

ParticularsAmount (โ‚น)
Taxable outward supply10,00,000
GST @ 18%1,80,000
ITC available1,20,000
Net GST payable60,000

๐Ÿ“Œ Most GST liabilities arise here.


4๏ธโƒฃ Provisional Assessment โ€” Section 60

TriggerWhen correct value or tax rate is unclear
Who appliesTaxpayer
Officerโ€™s rolePermits provisional payment
Security requiredBond + security
OutcomeFinal assessment later + adjustment

Example

SituationAction
New product โ€” tax rate unclear (12% or 18%)Apply for provisional assessment
Provisional tax paid@12%
Final rate decided18%
AdjustmentDifferential tax + interest

๐Ÿ“Œ Used sparingly, but very important in classification disputes.


5๏ธโƒฃ Scrutiny Assessment โ€” Section 61

PurposeTo verify correctness of returns
Initiated byProper Officer
ScopeData mismatch, ITC excess, tax short-paid
ResultExplanation accepted or further proceedings

Common Scrutiny Triggers

IssueExample
ITC mismatchGSTR-3B > GSTR-2B
Turnover mismatchGSTR-1 vs GSTR-3B
Rate mismatchWrong HSN rate

๐Ÿ“Œ Scrutiny โ‰  demand. It is a pre-enforcement check.


6๏ธโƒฃ Best Judgement Assessment โ€” Sections 62 & 63

A. Section 62 โ€” Registered Person

Applies toRegistered taxpayer
DefaultNon-filing of returns
BasisPast returns, available data
ObjectiveEnforce compliance

Example:
Returns not filed for 6 months โ†’ Officer estimates tax โ†’ Assessment order issued.


B. Section 63 โ€” Unregistered Person

Applies toLiable but unregistered person
BasisMarket data, inspections, records
ConsequenceTax + penalty exposure

Example:
Business crosses threshold but no GST registration โ†’ Officer assesses tax.

๐Ÿ“Œ Both are coercive assessments.


7๏ธโƒฃ Summary Assessment โ€” Section 64 (Emergency Power)

NatureExceptional & urgent
Approval neededHigher authority
TriggerRisk to revenue
Typical casesFraud, evasion, perishable goods
RemedyApplication for withdrawal allowed

Illustrative Scenarios

CaseSituationGST (โ‚น)Reason
1Unbilled sales9,00,000Business likely to vanish
2Unaccounted stock2,40,000Risk of disposal
3Goods without documents50,000Immediate recovery
4Wrong person assessed5,40,000Order withdrawn
5Fake ITC invoices18,00,000Firm likely to disappear

๐Ÿ“Œ Powerful but legally sensitive provision.


8๏ธโƒฃ Assessment Types โ€” Compliance Risk Ladder

Risk LevelAssessment Type
๐ŸŸข LowSelf-assessment
๐ŸŸก MediumScrutiny / Provisional
๐Ÿ”ด HighBest judgement / Summary

9๏ธโƒฃ Finin2min Key Takeaways

InsightWhy It Matters
GST is self-assessment drivenCompliance responsibility on taxpayer
Officer steps in only on failureEscalation is structured
Scrutiny is not punishmentOpportunity to explain
Best judgement is deterrenceNon-compliance is costly
Summary assessment is rareUsed only to protect revenue

Final Finin2min Verdict

GST assessment is a graduated mechanism โ€” not a single event.
If returns are accurate and reconciled, most taxpayers never face officer-driven assessment.

This content is for general information and educational purposes only. It does not constitute legal, tax, accounting, or professional advice. Views expressed are based on prevailing laws and interpretations at the time of publication. Readers should consult their professional advisors before taking any action.

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