Question 9 - If a taxable person fails to file the return required under law (under section 27 or 31), what legal recourse is available to the tax officer?
FAQ on GST dated 21.9.2016 based on Draft Model GST Chapter 13 Assessment and Audit
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Failure to file returns triggers a statutory notice requirement and permits best judgment assessment by the tax officer. The proper officer must first issue a notice under section 32 requiring the taxable person to furnish the return within a specified period, which must be at least fifteen days under section 46. If the person fails to file within that period, the proper officer may assess the tax liability of the return defaulter to the best of his judgement, taking into account all relevant material available, pursuant to section 46.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Failure to file returns triggers a statutory notice requirement and permits best judgment assessment by the tax officer.
The proper officer must first issue a notice under section 32 requiring the taxable person to furnish the return within a specified period, which must be at least fifteen days under section 46. If the person fails to file within that period, the proper officer may assess the tax liability of the return defaulter to the best of his judgement, taking into account all relevant material available, pursuant to section 46.
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