Assessment and Audit Rules under CGST rules 2017

 

1. 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

 

• 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

 

• 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 per cent. of the amount cov­ered under the

 

• 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.

 

• 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.

 

• 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).

 

• 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).

 

 

2. 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.

• 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
• 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.

 

 

3. 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.

 

• 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.

 

• The order of sum­ma­ry assess­ment under sub-sec­tion (1) of sec­tion 64 shall be issued in FORM GST ASMT-16.

 

• 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.

 

• 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.

 

 

4. - (1) The peri­od of audit to be con­duct­ed under sub-sec­tion (1) of sec­tion 65 shall be a finan­cial year or mul­ti­ples thereof.

 

• 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

 

• 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.

 

• 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

 

• 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.

 

5. 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

 

(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.