Provisional Assessment in GST
Where a supplier is Confused about Tax rate or Valuation or any other Matter in which he not able to decided Tax Liability and assessment then he can Apply for Provisional Assessment. A supplier will come to know the extent of his tax liability which has to be discharged on a continuous and regular basis only after assessment. There might be situations when these determinants might not be readily ascertainable and may be subject to the outcome of a process that requires deliberation and time. Hence like under the previous laws, when due to various circumstances it might not be always possible, at that point of time, to carry out an assessment and determine the exact duty liability, the GST law also provides for provisional assessment.
Provisional assessment can be resorted to in the following situations
a.Value of supply cannot be determined
Transaction value to be adopted for determination of tax payable;
Inclusion or exclusion of any amounts in the value of supply
Existence of any circumstance causing failure of transaction value declared
b.Rate of tax applicable on the supply cannot be determined
Classification of the goods and / or services under the relevant Schedule;
Eligibility to any exemption notification or compliance with conditions associated
with such exemption
The AC/DC of Central Tax provisionally determines the amount of tax payable by the supplier and is subject to final determination. On provisional assessment, the supplier can pay tax on provisional basis but only after he executes a bond with security, binding them for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed. On finalization of the provisional assessment, any amount that has been paid on the basis of such assessment is to be adjusted against the amount that has been finally determined as payable. In case of short payment, the same has to be paid with interest and incase of excess payment, the same will be refunded with interest.
In case a supplier is unable to determine the value of goods or services or both or to determine the rate of tax applicable thereto, he can request the Asst. Commissioner/Dy. Commissioner of Central Tax in writing, giving reasons for payment of tax on a provisional
basis. The supplier requesting for payment of tax on a provisional basis has to 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 Commissioner.
The Asst. Commissioner/Dy. Commissioner of Central Tax will scrutinize the application in FORM GST ASMT-01. In case, additional information or documents in support is required by the Asst. Commissioner/Dy. Commissioner of Central Tax to decide the case, notice in FORM GST ASMT-02 will be issued to the supplier requesting for submission of the same.
The supplier has to file a reply to the notice in FORM GST ASMT – 03, and if he desires can also appear in person before the Asst. Commissioner/Dy. Commissioner of Central Tax to explain his case. The Asst. Commissioner/Dy. Commissioner of Central Tax will then issue an order in FORM GST ASMT-04 within a period not later than ninety days from the date of receipt of the request, allowing the payment of tax on a provisional basis.The order will indicate 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 (this amount shall include the amount of integrated tax, central tax, State tax or Union territory tax and cess payable in respect of the transaction) for which the bond is tobe executed along with the security to be furnished. The security will not exceed twenty-five percent of the amount covered under the bond.
The supplier has to execute the bond in FORM GST ASMT-05 along with a security in the form of a bank guarantee for an amount as mentioned in FORM GST ASMT-04.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 Central Goods and Services Tax Act. On executing the bond the process of the provisional assessment is
complete and the supplier can supply the goods or services or both and pay the tax at the rate or on the value that has been indicated in the order in FORM GST ASMT-04.
Finalization of provisional assessment The provisional assessment will be finalized, within a period not exceeding six months from the date of issuance of FORM GST ASMT-04. The AC/DC of Central Tax will issue a notice in FORM GST ASMT-06, calling for information an records required for finalization of assessment 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.
On sufficient cause being shown and for reasons to be recorded in writing, the time limit for finalization of provisional assessment can 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.
In case any tax amount becomes payable subsequent to finalization of the provisional assessment, then interest at the specified rate in Section 50(i.e. 18%) will also be payable by the supplier from the first day after the due date of payment of the tax till the date of actual payment, whether such amount is paid before or after the issuance of order for final assessment.
Interest Payable by Supplier to Departments:
Interest Payable = Tax Amount * 18 % * Days/365
Days = first day after the due date of payment of the tax till the date of actual payment
In case any tax amount becomes refundable subsequent to finalization of the provisional assessment, then interest (subject to the eligibility of refund and absence of unjust enrichment) at the specified rate in Section 56( at the rate of 6% p.a. ) will be payable to the supplier.
Any claim for refund of taxes paid in excess under this section would be processed in accordance with Section 54 (refund provision), and is subject to unjust enrichment. Except for authorizing refund, this section does not by itself permit grant of refund.
Interest refundable to Supplier from Departments:
Interest Refundable = Tax Amount * 6% * Days /365
Release of Security
Release of Security consequent to Finalization Once the order in FORM GST ASMT-07 is issued, the supplier has to file an application in FORM GST ASMT- 08 for the release of the security furnished. On receipt of this application the Asst. Commissioner/Dy. Commissioner of Central Tax will issue an order in FORM GST ASMT–09 within a period of 7 working days from the date of the receipt of the application, releasing the security after the amount payable if any as specified in FORM GST ASMT-07 has been paid.