GST
Assessed amount far higher than real tax
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Facts
The easiest fix is to file the actual return within the time allowed, which withdraws the order. An appeal is only needed if that window is gone.
Provisions and law
- Sec 62, CGST Act 2017If the return is still not filed, the officer can assess tax to the best of judgement; the order is withdrawn if a valid return is filed within 60 days, or a further 60 days with extra late fee of ₹100 a day
- Sec 107, CGST Act 2017Appeal against an order within 3 months
Analysis
Sec 62(2) withdraws the order once a valid return is filed in time, so you pay only your real tax with interest and late fee. Example: ASMT-13 says ₹4 lakh, your real tax is ₹90,000; filing the return within 60 days saves you from arguing about the estimate. Only after 120 days do you need an appeal.
Conclusion
- Check how many days have passed since the order.
- If within 120 days, file the actual return.
- Pay extra late fee if past 60 days.
- If past 120 days, consult on an appeal.
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Non-filing notice
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