Section 60 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XII, Assessment

At a glance

Entitlement and conditions

  • 60(5)A refund consequent to final assessment carries section 56 interest, subject to section 54(8).

Bars, duties and time limits

  • 60(3)The officer must finalise assessment within six months from communication of the provisional order, considering required information.
  • 60(4)Unpaid provisional-assessment supply tax attracts section 50(1) interest from the day after its section 39(7) or rules due date until actual payment, whether before or after final assessment.

Procedure, powers and definitions

  • 60(1)-(2)A taxable person unable to determine value or rate may request provisional payment with written reasons; the officer must order within ninety days, subject to the prescribed bond and appropriate surety or security for the final tax difference.
  • 60(3) provisoOn sufficient cause and written reasons, a Joint or Additional Commissioner may extend by up to six months and the Commissioner by up to four years.
  • 60The law does not settle the starting point of the Commissioner’s extension or whether the interest base is the provisional or final assessment amount.

Section 60 permits provisional assessment on a reasoned written request where value or tax rate cannot be determined, subject to a bond and security. Final assessment ordinarily follows within six months, with specified extension powers. Unpaid tax and resulting refunds follow separate interest provisions, including section 54(8)’s refund condition. The section commenced on 1 July 2017.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 60, verbatim (show)

* Section 60. Provisional assessment.-

(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 there to, he may request the proper officer in writing giving reasons for payment of tax on 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.

(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.

(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.

*Enforced w.e.f. 1st July, 2017.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole

Questions to answer on the file1 question
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The request and the order allowing provisional payment 60(1)

Questions to answer on the file9 questions
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The bond and the surety or security 60(2)

Questions to answer on the file4 questions
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The final assessment order 60(3) main words

Questions to answer on the file4 questions
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The extension of that period the proviso to 60(3)

Questions to answer on the file5 questions
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Interest on tax under the provisional assessment 60(4)

Questions to answer on the file5 questions
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Interest on a refund consequent to the final assessment 60(5)

Questions to answer on the file2 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 60 as footnoted in the CBIC text
NoteChangeInstrumentEffective from
Enforced the section. There is no later amendment footnote on this section.—1st July, 2017
Provisions connected to Section 60
ProvisionConnectionWords that tie them
Rule 98 of the CGST Rules, 2017this provision prescribed by rule 98 of the CGST Rules 201760(2) "executes a bond in such form as may be prescribed"
Section 3960(4) requires Section 39 sub-section (7)60(4) "not paid on the due date specified under sub-section (7) of section 39"
Section 5060(4) requires Section 50 sub-section (1)60(4) "at the rate specified under sub-section (1) of section 50"
Section 5460(5) requires Section 54 sub-section (8)60(5) "subject to the provisions of sub-section (8) of section 54"
Section 5660(5) requires Section 5660(5) "interest shall be paid on such refund as provided in section 56"
Section 2this provision defined by Section 2 clause (107)s.2(107) "taxable person means a person who is registered or liable to be registered under section 22 or section 24"
Section 2this provision defined by Section 2 clause (91)s.2(91) "proper officer... means the Commissioner or the officer of the central tax who is assigned that function"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (1)

NumberDateSubject
Circular No. 3/03/2017-GST5 July 2017Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017-Reg.

Notifications (1)

NumberDateSubject
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument

Unsettled questions

The words of section 60 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Does the Commissioner's further period of not more than four years run from the expiry of the six months in sub-section (3), or from the expiry of a further period already granted by the Joint Commissioner or Additional Commissioner? The proviso names both authorities in one sentence and fixes no starting point for the second.
  2. Is the "tax payable on the supply... under provisional assessment" on which interest runs the amount assessed provisionally, or the amount finally assessed? Sub-section (4) charges interest from the first day after the due date whether payment is made before or after the final assessment order, without saying which of the two amounts is the base.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 60. Provisional assessment". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.

External links