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GST

Sections 59-64 CGST — Assessment (Self, Provisional, Summary, Best Judgment)

VS Vikas Sharma 📅 March 24, 2026 ⏱️ 2 min read 👁️ 0 views Updated: Mar 25, 2026

Section 59 — Self-Assessment

Every registered person self-assesses their tax liability in each return (GSTR-3B). This is the default mode — no officer involvement. You compute output tax, claim ITC, calculate net liability, and pay through the portal. The tax paid through self-assessment is subject to verification through audit (Section 65/66) or scrutiny (Section 61).

Section 60 — Provisional Assessment

When you cannot determine the value of supply or rate of tax due to ambiguity: apply to the proper officer for provisional assessment. Pay tax on a provisional basis (usually at the rate/value you believe is correct, with a bond and bank guarantee for the differential). Final assessment determines actual liability — pay differential or claim refund. Bond released after final assessment. Common use: classification disputes where the correct HSN is unclear.

Section 61 — Scrutiny of Returns

The proper officer can scrutinize GSTR-3B to verify correctness. If discrepancies found: issues notice (ASMT-10) → taxpayer responds (ASMT-11) within 30 days → if response satisfactory: scrutiny dropped. If not: proceed to Section 73/74 demand. Scrutiny is the most common departmental action — triggered by mismatches between GSTR-1 and GSTR-3B, ITC claims exceeding GSTR-2B, or data analytics flags.

Section 62 — Best Judgment Assessment (Non-Filers)

If you do NOT file return within 15 days of notice from the officer: the officer assesses your tax liability to the best of their judgment based on available information (e-way bill data, supplier GSTR-1, bank records, previous returns). This is a punitive assessment — typically higher than actual liability. Can be set aside if you file the return within 30 days of the best judgment order AND pay tax + interest + late fee.

Section 63 — Assessment of Unregistered Persons

If a person who should have been registered has not registered: the officer can assess the tax liability for the entire period the person should have been registered. Full tax + 18% interest + penalty under Section 122. Common scenario: e-commerce sellers who crossed Rs. 20 lakh threshold but never registered.

Section 64 — Summary Assessment

For protecting government revenue when delay would cause revenue loss: officer can pass summary assessment order with prior permission of Additional/Joint Commissioner. This is used in urgent situations (person about to leave India, evidence about to be destroyed). The person can appeal within 30 days.

Disclaimer
This article is for general informational and educational purposes only. Consult a qualified Chartered Accountant, Tax Consultant, or GST Practitioner before acting. TaxClue Consultech Pvt Ltd accepts no liability. All drafts and templates are illustrative only.

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❓ Frequently Asked Questions
What are the key requirements for GST assessment?
GST assessment requires compliance with CGST/IGST Act provisions and applicable rules. Filing on GST portal (gst.gov.in). Non-compliance attracts interest at 18% per annum, late fees, and potential penalty proceedings. Always verify the latest notifications on cbic.gov.in before taking any compliance position.
What is the penalty for non-compliance with GST assessment?
Penalties vary by nature of default: late filing attracts Rs. 50/day (Rs. 20 for nil return) capped at Rs. 10,000 per return. Tax short-payment attracts interest at 18% per annum plus penalty of 10% (Section 73 — no fraud) or 100% (Section 74 — fraud/suppression). Prosecution possible for amounts exceeding Rs. 2 crore involving fraud.
Where can I find the latest updates on GST assessment?
Check cbic.gov.in for latest notifications, circulars, and orders. The GST portal (gst.gov.in) provides filing utilities, advisory, and FAQs. GST Council meeting decisions are published on gstcouncil.gov.in. Professional guidance available from ICAI, ICSI, and ICMAI. Contact us for compliance support.

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