Chapter - XI of CGST Rules, 2017
ASSESSMENT AND AUDIT
RULE 98. Provisional Assessment (corresponding section 60)
(1) Every registered person requesting for payment of tax on a provisional
basis in accordance with the provisions of sub-section (1) of
section 60 shall
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.
(2) The proper officer may, on receipt of the application under sub-rule (1),
issue a notice in FORM GST ASMT-02 requiring the registered person to furnish
additional information or documents in support of his request and the applicant
shall file a reply to the notice in FORM GST ASMT ' 03, and may appear in person
before the said officer if he so desires.
(3) The proper officer shall issue an order in
FORM GST ASMT-04 allowing the
payment of tax on a provisional basis indicating 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 for which the bond is to be executed and security to be furnished not
exceeding twenty five per cent. of the amount covered under the bond.
(4) The registered person shall execute a bond in accordance with the provisions
of subsection (2) of section 60 in
FORM GST ASMT-05 along with a security in the
form of a bank guarantee for an amount as determined under sub-rule (3):
Provided that 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 the provisions of the Act and the rules made thereunder.
Explanation.- For the purposes of this rule, the expression 'amount' shall
include the amount of integrated tax, central tax, State tax or Union territory
tax and cess payable in
respect of the transaction.
(5) The proper officer shall issue a notice in
FORM GST ASMT-06, calling for
information and records required for finalization of assessment under
sub-section (3) of section 60 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.
(6) The applicant may file an application in
FORM GST ASMT- 08 for the release
of the security furnished under sub-rule (4) after issue of the order under
sub-rule (5).
(7) The proper officer shall release the security furnished under sub-rule (4),
after ensuring that the applicant has paid the amount specified in sub-rule (5)
and issue an order in FORM GST ASMT'09 within a period of seven working days
from the date of the receipt of the application under sub-rule (6).