Best Judgment Assessment (Section 62) in GST is a process where tax officers estimate tax liability based on available evidence when taxpayers fail to file returns after receiving notice, or fail to register. It acts as a strict compliance tool to recover tax when voluntary filing fails.
What is best-judgment assessment under GST? Best-judgment assessment is the assessment of non-filers of returns. Non-filers of returns are those registered taxable persons who fail to furnish the monthly return under section 39 or final return under section 45, ever after the service of a notice under section 46.
Common reasons for GST litigation include disputes over classification and valuation of goods/services, eligibility and denial of input tax credit, refund claims, tax assessments, and penalties.
- 2025-TIOL-77-SC-VAT.
The Bench of Justices Manoj Misra and N.K. Singh reaffirmed a core proposition of fiscal fairness: a purchaser who has paid tax in good faith to a registered seller cannot be denied Input Tax Credit (ITC) merely because the seller fails to deposit that tax with the Government.
For any standard-rated supplies of goods or services that you make on or after 1 Jan 2024, you must charge GST at 9%. For instance, if you issue an invoice and receive payments for your supply on or after 1 Jan 2024, you must account for GST at 9%.
The Indian Supreme Court held that if there's a delay in processing the GST refund, a 6% interest needs to be paid by the department to the assessee, provided such delay is inordinate.
The Government: A Boost in Revenue
From a government standpoint, GST has been a resounding success in terms of revenue generation and increase in tax base. The number of Taxpayers is increasing from year to year and the same thing can be said about the collection of GST.
Final impact: The retailer claims Rs. 27,000 as an input tax credit and remits Rs. 9,000 to the government. The consumer ultimately bears the cost of GST.
Duty Drawback is a trusted and time-tested scheme administered by CBIC to promote exports. It rebates the incidence of Customs and Central Excise duties, chargeable on imported and excisable material respectively when used as inputs for goods to be exported.
GST Litigation : 5 Proven Ways for Managing Litigation under GST
Rule 44: Reversal of ITC in case of cancellation of GST registration or switches to composition scheme. The aim of this rule is to reverse all the ITC that has been availed by a registered person in the event that he chooses to pay tax under the composition scheme or his registration gets cancelled for any reason.
Login to GST Portal and select the option - Services - Then select - Payment. Select Create Challan and window will be opened showing tax particulars, interest, penalty and fees details. Select Penalty and pay the same according to category - CGST, SGST or IGST. Q.
The officer will assess the tax liability for relevant tax periods to the best of his judgement. He can issue assessment order within 5 years from the due date of the annual return for the year when the tax was not paid.
Types of GST in India
CGST (Central Goods and Services Tax) SGST (State Goods and Services. IGST (Integrated Goods and Services Tax) UTGST (Union Territory Goods and Services Tax)
Form: A scrutiny notice is issued in Form ASMT-10 intimating discrepancies in GST return along with tax, interest and penalty if any. A reply should be submitted in Form ASMT-11. Mode: Tax officer can send the notice via SMS or email to the taxpayer.
(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; (b) an agriculturist, to the extent of supply of produce out of cultivation of land.
Maximum marginal rate is the highest rate of tax at any income level. This means for those with incomes between Rs 2 crore and Rs 5 crore, 39% will be the highest applicable tax rate, and for those with incomes above Rs 5 crore, it will be 42.74% — the highest tax rate since 1992.
GST in India has four components – CGST, SGST, IGST, and UTGST. The charge depends upon whether the transaction is intra-state or inter-state. The Central Government charges CGST, while the State Governments and Union Territories levy SGST and UTGST respectively, on intra-state supplies.
GST Reforms 2025: Key Changes in GST Rates Across Categories
Key categories have seen rate reductions: daily essentials have dropped from 12%/18% to 5%, agricultural equipment from 12%/18% to 5%, healthcare services to 5% or exempt, and education services are now fully tax-exempt.
Key Problems of Implementing GST in India
The existence of five tax slabs, 0%, 5%, 12%, 18%, and 28%, is one of the major implementation problems of GST in India. Firms often misclassify products, which can result in fines, legal problems, and difficulties with compliance.
An offender not paying tax or making short-payments has to pay a penalty of 10% of the tax amount due, subject to a minimum of Rs. 10,000. Therefore, the penalty will be high at 100% of the tax amount when the offender has evaded i.e., where there is a deliberate fraud.
"That's a problem you have to sort it out, we are going to come down in one of these cases and pull you up." CJI added that it was the duty of the department to carry out due diligence regarding the bill. "The problem is, he is giving you the bills. You are the one who has to carry out that work.
Rule 37. Mandates ITC reversal if payment to suppliers is not made within 180 days from the invoice date. Relevant Section. Second proviso to Section 16(2) of the CGST Act.