Question 6 - If a taxable person fails to file the return required under law (under section 39 (monthly/quarterly), or 45 (final return), what legal recourse is available to the tax officer?
Faq On GST (2nd Edition) Dated 31.3.2017 Chapter 13 Assessment and Audit
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Failure to file returns: notice requirement followed by best-judgment assessment if taxpayer does not comply. Failure to file required periodic or final returns prompts a mandatory notice requiring submission within a short period; if the taxpayer does not comply, the tax officer may determine tax liability by way of a best judgment assessment using all relevant material available.
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: notice requirement followed by best-judgment assessment if taxpayer does not comply.
Failure to file required periodic or final returns prompts a mandatory notice requiring submission within a short period; if the taxpayer does not comply, the tax officer may determine tax liability by way of a best judgment assessment using all relevant material available.
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