Section 60 of CGST Act, 2017 Provisional assessment
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The below post explains about Provisional assessment under section 60 of CGST Act,2017.
Section 60 of CGST Act, 2017 explains Provisional assessment as below: (The amendments if any will also be updated here soon).
The extract of Section 60 of CGST Act,2017 quoted below:
60 Provisional assessment
60. (1) Subject to the provisions of sub-section (2), where the taxable person is unable
to determine the value of goods or services or both or determine the rate of tax applicable
thereto, he may request the proper officer in writing giving reasons for payment of tax on a
provisional basis and the proper officer shall pass an order, within a period not later than
ninety days from the date of receipt of such request, allowing payment of tax on provisional
basis at such rate or on such value as may be specified by him.
(2) The payment of tax on provisional basis may be allowed, if the taxable person
executes a bond in such form as may be prescribed, and with such surety or security as the
proper officer may deem fit, binding the taxable person for payment of the difference between
the amount of tax as may be finally assessed and the amount of tax provisionally assessed.
(3) The proper officer shall, within a period not exceeding six months from the date of
the communication of the order issued under sub-section (1), pass the final assessment
order after taking into account such information as may be required for finalizing the
assessment:
Provided that the period specified in this sub-section may, on sufficient cause being
shown and for reasons to be recorded in writing, be extended by the Joint Commissioner or
Additional Commissioner for a further period not exceeding six months and by the
Commissioner for such further period not exceeding four years.
(4) The registered person shall be liable to pay interest on any tax payable on the
supply of goods or services or both under provisional assessment but not paid on the due
date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate
specified under sub-section (1) of section 50, from the first day after the due date of payment
of tax in respect of the said supply of goods or services or both till the date of actual
payment, whether such amount is paid before or after the issuance of order for final
assessment.
(5) Where the registered person is entitled to a refund consequent to the order of final
assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54,
interest shall be paid on such refund as provided in section 56.
The above information clarifies about Provisional assessment under section 60 of CGST Act,2017.
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