(1) Subject to the provisions of sub-section (2), where the taxable person is unable to
determine the value of goods or services or both or determine the rate of tax applicable
thereto, he may request the proper officer in writing giving reasons for payment of tax on
a provisional basis and the proper officer shall pass an order, within a period not later
than ninety days from the date of receipt of such request, allowing payment of tax on
provisional basis at such rate or on such value as may be specified by him.
Provisional
assessment.
(2) The payment of tax on provisional basis may be allowed, if the taxable person executes a
bond in such form as may be prescribed, and with such surety or security as the proper
officer may deem fit, binding the taxable person for payment of the difference between the
amount of tax as may be finally assessed and the amount of tax provisionally assessed.
(3) The proper officer shall, within a period not exceeding six months from the date of the
communication of the order issued under sub-section (1), pass the final assessment order
after taking into account such information as may be required for finalizing the assessment:
Provided that the period specified in this sub-section may, on sufficient cause being shown and
for reasons to be recorded in writing, be extended by the Joint Commissioner or Additional
Commissioner for a further period not exceeding six months and by the Commissioner for such
further period not exceeding four years.
| Printed using casemine.com by licensee : Yadu Krishna K G
(4) The registered person shall be liable to pay interest on any tax payable on the supply of
goods or services or both under provisional assessment but not paid on the due date
specified under sub-section (7) of section 39 or the rules made thereunder, at the rate
specified under sub-section (1) of section 50, from the first day after the due date of
payment of tax in respect of the said supply of goods or services or both till the date of
actual payment, whether such amount is paid before or after the issuance of order for final
assessment.
(5) Where the registered person is entitled to a refund consequent to the order of final
assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54,
interest shall be paid on such refund as provided in section 56
Section 60 • THE DELHI GOODS AND SERVICES TAX ACT, 2017
Section 60. Provisional Assessment
delhi-goods-and-services-tax-act-2017-sec-60.json
•
Section 60
{
"act_title": "THE DELHI GOODS AND SERVICES TAX ACT, 2017",
"act_slug": "delhi-goods-and-services-tax-act-2017",
"section_label": "Section",
"section": {
"number": "60",
"title": "Section 60. Provisional Assessment",
"chapter": null,
"content": "(1) Subject to the provisions of sub-section (2), where the taxable person is unable to \ndetermine the value of goods or services or both or determine the rate of tax applicable \nthereto, he may request the proper officer in writing giving reasons for payment of tax on \na provisional basis and the proper officer shall pass an order, within a period not later \nthan ninety days from the date of receipt of such request, allowing payment of tax on \nprovisional basis at such rate or on such value as may be specified by him. \n \n Provisional \nassessment. \n (2) The payment of tax on provisional basis may be allowed, if the taxable person executes a \nbond in such form as may be prescribed, and with such surety or security as the proper \nofficer may deem fit, binding the taxable person for payment of the difference between the \namount of tax as may be finally assessed and the amount of tax provisionally assessed. \n \n \n (3) The proper officer shall, within a period not exceeding six months from the date of the \ncommunication of the order issued under sub-section (1), pass the final assessment order \nafter taking into account such information as may be required for finalizing the assessment: \n \n \n Provided that the period specified in this sub-section may, on sufficient cause being shown and \nfor reasons to be recorded in writing, be extended by the Joint Commissioner or Additional \nCommissioner for a further period not exceeding six months and by the Commissioner for such \nfurther period not exceeding four years. \n \n| Printed using casemine.com by licensee : Yadu Krishna K G\n\n \n \n (4) The registered person shall be liable to pay interest on any tax payable on the supply of \ngoods or services or both under provisional assessment but not paid on the due date \nspecified under sub-section (7) of section 39 or the rules made thereunder, at the rate \nspecified under sub-section (1) of section 50, from the first day after the due date of \npayment of tax in respect of the said supply of goods or services or both till the date of \nactual payment, whether such amount is paid before or after the issuance of order for final \nassessment. \n \n \n (5) Where the registered person is entitled to a refund consequent to the order of final \nassessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, \ninterest shall be paid on such refund as provided in section 56",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
"prev_section": "59",
"next_section": "61"
}