Provisional Assessment under GST

Rule-98 of CGST Rules 2017

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).