CHAPTER XI ASSESSMENT AND AUDIT
98. Provisional Assessment.- (1) Every registered person requesting for payment of tax on a provisional basis in accordance
with the provisions of sub-section (1) of section 60 shall
furnish an application along with the documents
in support of his request, electronically
in FORM GST ASMT-01
on the common portal,
either directly or through a Facilitation
Centre notified by the Commissioner.
(2) The proper officer
may, on receipt of the application under sub-rule (1), issue a notice in FORM GST ASMT-02 requiring the registered person to furnish additional information or documents in support
of his request and the applicant shall file a reply to the notice in FORM GST ASMT – 03,
and may appear in person
before the said officer if he so desires.
(3) The proper officer shall issue an order in FORM GST ASMT-04 allowing the payment of tax on a provisional basis indicating
the value or the rate or both on the basis
of which the assessment is to be allowed on a provisional basis and the amount for which the bond is to be executed and security to be furnished not exceeding twenty-five percent. of the amount
covered under the bond.
(4) The registered person shall execute a bond in accordance with the provisions of sub-
section (2) of section 60 in FORM
GST ASMT-05 along with a security in the form of a
bank guarantee for an amount as determined under sub-rule
(3):
Provided
that a bond furnished
to the proper officer under the State Goods and Services Tax Act or Integrated
Goods and Services
Tax Act shall be deemed to be a bond
furnished under the provisions of the Act and the rules
made thereunder.
Explanation.- For
the purposes of this rule,
the expression “amount” shall include the
amount of integrated tax, central tax, State tax or Union territory tax and cess payable in respect
of the transaction.
(5) The proper officer shall issue a notice in FORM GST ASMT-06, calling for information and records required for finalization of assessment under sub-section (3) of section
60 and shall issue a final assessment order, specifying the amount payable by the registered person or the amount refundable,
if any, in FORM GST ASMT-07.
(6) The applicant
may file an application in FORM GST ASMT- 08 for the release of the
security furnished under sub-rule (4) after issue of the order under sub-rule (5).
(7) The proper officer shall release the security furnished under sub-rule (4), after ensuring
that the applicant has paid the amount specified in sub-rule (5) and
issue an order in FORM GST ASMT–09
within a period of seven working
days from the date of the receipt of the
application under sub-rule (6).
99. Scrutiny
of returns.-
(1) Where any return furnished by a registered
person is selected
for scrutiny, the proper officer shall scrutinize the same
in accordance with the provisions of section
61 with reference to the information available with him, and in case of any discrepancy, he shall
issue a notice to the said person in
FORM GST ASMT-10, informing
him of such discrepancy and seeking his explanation thereto within such time, not exceeding
thirty days from the date of service of the notice or such further period as may be permitted
by him and also, where possible, quantifying the amount
of tax, interest and any other amount payable in relation to
such discrepancy.
(2) The registered person may accept the discrepancy
mentioned in the notice issued under sub-rule (1), and pay
the tax, interest
and any other amount arising from such discrepancy
and inform the same or furnish an explanation for the discrepancy in FORM GST
ASMT-
11 to the proper officer.
(3) Where the explanation furnished
by the registered person or the information submitted under sub-rule (2) is found to be acceptable,
the proper officer shall inform him accordingly in FORM GST ASMT-12.
100. Assessment in certain
cases. (1) The order of assessment made under sub-section
(1)
of section
62 shall be issued in FORM GST ASMT-13.
(2) The proper
officer shall
issue a notice to a taxable person
in accordance with the
provisions of section 63 in FORM
GST ASMT-14 containing the grounds on which the
assessment is proposed to be made on best judgment basis and after allowing
a time of fifteen days to such person to furnish his reply,
if any, pass
an order in FORM GST ASMT-
15.
(3) The order of summary assessment under sub-section
(1) of section 64 shall be issued in
FORM GST ASMT-16.
(4) The person referred to in sub-section (2) of section 64 may file an application for withdrawal of the
summary assessment order in FORM GST ASMT–17.
(5) The order of withdrawal
or, as the case may be, rejection of the application under sub- section (2)
of section
64 shall be issued in FORM GST ASMT-18.
101. Audit.-
(1) The period of audit to be conducted under sub-section (1) of section 65 shall be a financial year or multiples thereof.
(2) Where it is decided to undertake
the audit of a registered
person in accordance
with the provisions of section 65, the proper officer shall issue a notice in FORM
GST ADT-01 in
accordance with the provisions of
sub-section (3) of the said
section.
(3) The proper officer authorised to conduct audit of
the records and the books of account of the registered person shall, with the assistance
of the team of officers and officials
accompanying him, verify
the
documents on the basis of which the books of account are
maintained and the returns and statements furnished under the provisions of the Act and the rules
made thereunder, the correctness
of the turnover, exemptions and deductions claimed, the rate of tax applied
in
respect of the supply of goods or services or both, the input tax credit availed and utilised, refund claimed, and other relevant issues and record the observations
in his audit notes.
(4) The proper officer may
inform the registered person of the discrepancies noticed,
if any, as observed in the audit and the said person may file his reply
and the proper officer shall finalise the findings of
the audit after due consideration of the reply furnished.
(5) On conclusion
of the audit, the proper officer shall inform the findings of audit to the
registered person in accordance with the provisions of sub-section
(6) of section 65 in FORM GST ADT-02.
102. Special Audit.- (1) Where special audit is required to be
conducted in accordance with the provisions of section
66, the officer referred
to in the said section shall issue a direction
in FORM GST ADT-03 to the registered person to get his records audited by a chartered
accountant or a cost accountant specified
in the said direction.
(2)
On conclusion of the special
audit, the registered
person
shall be informed of the findings of the special audit
in FORM GST ADT-04.
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