Assignment

GST

DATE:6/05/2020

SUBMITTED BY

BHAVNA PATHAK

SUBMITTED TO

KEERTI MAM

UNIT -5

Q1). Explain the procedure of GST Return filing.

There are various GST return filling period that depend on

transaction and type of regestrarion.regular taxpayers foreign non
resident tax deductor input serviceneed to file tax.

Return Form Particulars Frequency Due Date

GSTR-1 Details of outward Monthly 11th* of the
supplies of taxable next
goods and/or services month with
affected effect from
October
2018
*Previously
, the due
date was
 10th
GSTR-2 Details of inward Monthly 15th of the
Suspended supplies of taxable next month
goods and/or services  
affected claiming the
input tax credit.
GSTR-3 Monthly return on the Monthly 20th of the
Suspended basis of finalization of next month
details of outward  
supplies and inward
supplies along with the
payment of tax.
GSTR-3B Simple Return in which Monthly 20th of the
summary of outward next month
supplies along with
Input Tax Credit is
declared  and payment
of tax is affected by
taxpayer
GSTR-4 Return for a taxpayer Quarterly 18th of the
registered under the month
composition levy succeeding
quarter
GSTR-5 Return for a Non- Monthly 20th of the
Resident foreign taxable next month
person
GSTR-6 Return for an Input Monthly 13th of the
Service Distributor next month
GSTR-7 Return for authorities Monthly 10th of the
deducting tax at source. next month
GSTR-8 Details of supplies Monthly 10th of the
effected through e- next month
commerce operator and
the amount of tax
collected
GSTR-9 Annual Return for a Annually 31st
Normal Taxpayer December
of next
financial
year*
GSTR-9A Annual Return a Annually 31st
taxpayer registered December
under the of next
composition levy financial
anytime during the year year*
GSTR-10 Final Return Once, when Within
GST three
Registratio months of
n is the date of
cancelled or cancellation
surrendere or date of
d cancellation
order,
whichever
is later.
GSTR-11 Details of inward Monthly 28th of the
supplies to be furnished month
by a person having UIN following
and claiming a refund the month
for which
statement is
filed
Q2. How many types of Assessments are there under GST? Explain.

Under GST, the term “assessment” means determination

of tax liability under this Act and includes self-assessment,
re-assessment, provisional assessment, summary
assessment and best judgment assessment. Normally,
persons having GST registration file GST returns and pay
GST every month based on self-assessment of GST
liability. However, the Government at all times has the
 rights to re-assess or perform an assessment by itself and
determine if there is a short payment of GST. In this article,
we look at the various types of assessment under GST in
detail.
The different types of assessment under GST are as under:
 Section 59 – Self assessment of taxes payable
 Section 60 – Provisional assessment
 Section 61 – Scrutiny of tax returns filed by
registered taxable persons
 Section 62 – Assessment of registered taxable
person who have failed to file the tax returns
 Section 63 – Assessment of unregistered persons
 Section 64 – Summary assessment in certain special
cases
Section 59 – Self Assessment
The taxable person is required to pay tax on the basis of
self-assessment done by him. Hence, all GST return
filings are based on self-assessment by the taxpayer .In
other words; Every registered taxable person shall himself
assess the taxes payable and furnish a return for each tax
period. This means GST continues to promote self-
assessment just like the Excise, VAT and Service Tax
under current tax regime.
Section 60 – Provisional Assessment
Provisional assessment can be conducted for a taxable
person when the taxpayer is unable to determine the value
of goods or service or both or determine the rate of tax
applicable thereto.
In case of refund, interest will be paid on such refund as
provided under section 56.
Section 61 – Scrutiny Assessment
GST Officers can scrutinize a GST return and related
particulars furnished by the registered person to verify the
correctness of the return. This is called a scrutiny
assessment. In case there is any discrepancies noticed by
 the officer, he/she would inform the same to the registered
person and seek his explanation on the same. On the basis
of the explanation received from the registered person, the
officer can take following action:
 If the explanation provided is satisfactory, the officer
will inform about the same to the registered person and no
further action will be taken in this regard.
 If the explanation provided is not satisfactory or the
registered person has failed to take corrective measures
after accepting the discrepancies, the proper officer will
initiate appropriate action like conducting audit of
registered person, conducting special audit, inspect and
search the place of business of registered person, or
initiate demand and recovery provisions.
The proper officer may scrutinize the same along with
related particulars furnished by registered person, to verify
the correctness of return. In case of any discrepancy is
noticed, he shall issue a notice in b informing him of
discrepancy and seeking explanation thereto within 30
days of service of notice. Wherever possible proper officer
will quantify the amount of tax, interest and other dues in
relation to discrepancy.
If proper officer agrees with explanation furnished by
registered person in form ASMT-11, no further action will
be taken. If registered person agrees with discrepancy, he
will deposit the amount specified in notice and take the
corrective action as specified in notice. And if registered
person does not furnish explanation or satisfactory
explanation is not furnished or does not take corrective
measures in return for the month in which discrepancy is
communicated, the proper officer may take appropriate
action in accordance with section-65, 66 and 67
Section 62 – Failure to File GST Return – Best Judgement
Assessment
When a registered person fails to furnish the required
returns, even after service of notice under Section 46 an
assessment would be conducted by the GST Officer. In
such cases, the GST officer would proceed to assess the
tax liability of the taxpayer to the best of his judgement
taking into account all the relevant material which is
available or which he has gathered and issue an
assessment order within a period of five years from the
date for furnishing of the annual return for the financial
year to which the tax not paid relates. On receipt of the
said assessment order, if the registered person furnishes a
valid return within a period of 30 days from the date of
issuance of assessment order, then in such case, the
assessment order would deemed to have withdrawn.
However, the registered person will be liable to pay
interest under Section 50 (1) and/or liable to pay late fee
under Section 47. The proper officer may proceed to
determine the tax liability of such person to the best of his
judgment considering all the relevant material he has
gathered and pass the assessment order in form ASMT-13
within 5 years from the due date of furnishing annual
return for the financial year for which tax not paid relates.
If registered person furnish the valid return within 30 days
of service of assessment order, then the said assessment
order deemed to be withdrawn (But liability to pay interest
and late fees still be applicable).
Section 63 – Assessment of Unregistered Person – Best
Judgement
 When a taxable person fails to obtain GST registration
even though liable to do so or whose registration has been
cancelled under section 29 (2) but who was liable to pay
tax, the GST officer can proceed to assess the tax liability
of such taxable person to the best of his judgment for the
relevant tax periods and issue an assessment order within
a period of five years from the date specified under section
44 for furnishing of the annual return for the financial year
to which the tax not paid relates. The proper officer may
proceed to assess the tax liability of such person to the
best of his judgment considering all the relevant material
he has gathered within a period of 5 years from the due
date of furnishing annual return for the financial year for
which tax not paid relates.
For passing the assessment order under this section, the
proper officer will issue a notice in form ASMT-14,
containing the grounds on which assessment is proposed
to be made and after considering the reply proper officer
will issue order in form ASMT-15.
Section 64 – Summary Assessment
A GST Officer can on any evidence showing a tax liability
of a person coming to his notice, proceed to assess the tax
liability of such person to protect the interest of .

Q3. How to claim Refund under GST?

To claim input credit under GST –

 You must have a tax invoice(of purchase) or debit

note issued by registered dealer

Note: Where goods are received in lots/installments, credit will be

available against the tax invoice upon receipt of last lot or
installment.

 You should have received the goods/services

Note: Where recipient does not pay the value of service or tax
thereon within 3 months of issue of invoice and he has already
availed input credit based on the invoice, the said credit will be
added to his output tax liability along with interest.
  The tax charged on your purchases has been
deposited/paid to the government by the supplier in cash
or via claiming input credit
 Supplier has filed GST returns

Possibly the most path breaking reform of GST is that input

credit is ONLY allowed if your supplier has deposited the tax he
collected from you. So every input credit you are claiming shall be
matched and validated before you can claim it.
Q4. State the list of offences under GST law?

Offences under GST

Fake/wrong invoices

1. A taxable person supplies any goods/services without any

invoice or issues a false invoice.
2. He issues any invoice or bill without supply of
goods/services in violation of the provisions of GST
3. He issues invoices using the identification number of
another bonafide taxable person

Fraud

4. He submits false information while registering under GST

5. He submits fake financial records/documents or files fake
returns to evade tax
6. Does not provide information/gives false information
during proceedings

Tax evasion

7. He collects any GST but does not submit it to the

government within 3 months
 8. Even if he collects any GST in contravention of provisions,
he still has to deposit it to the government within 3 months.
Failure to do so will be an offence under GST.
9. He obtains refund of any CGST/SGST by fraud.
10. He takes and/or utilizes input tax credit without actual
receipt of goods and/or services
11. He deliberately suppresses his sales to evade tax

Supply/transport of goods

12. He transports goods without proper documents

13. Supplies/transports goods which he knows will be
confiscated
14. Destroys/tampers goods which have been seized

Others

15. He has not registered under GST although he is required

to by law
16. He does not deduct TDS or deducts less amount where
applicable.
17. He does not collect TCS or collects less amount where
applicable.
18. Being an Input Service Distributor, he takes or distributes
input tax credit in violation of the rules
19. He obstructs the proper officer during his duty (for
example, he hinders the officer during the audit by tax
authorities)
20. He does not maintain all the books that he required to
maintain by law
21. He destroys any evidence