Rule 98. Provisional Assessment.-
(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).
