Answer

GST

Notice for unfiled GSTR-4

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  1. Facts

    GSTR-3A gives 15 days to file. If you still do not file, the officer can assess your tax on available data.

  2. Provisions and law

    • Sec 46, CGST Act 2017Notice to file within 15 days
    • Sec 62, CGST Act 2017Best judgement assessment; withdrawn if return filed within 60 days
  3. Analysis

    Sec 46 covers returns under Sec 39, which includes GSTR-4. If an assessment order is passed, filing GSTR-4 within 60 days of it withdraws the order. Example: GSTR-3A on 10 July; file GSTR-4 with late fee by 25 July.

  4. Conclusion

    1. File any pending CMP-08s.
    2. File GSTR-4 with late fee within 15 days.
    3. Watch for any ASMT-13.
    4. If an order comes, file within 60 days to withdraw it.

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