Section 73 - Determination of tax, pertaining to the period up to Financial Year 2023-24, not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts.
Central Goods And Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Determination of tax: non-fraud shortfalls subject to show-cause notice, interest and prescribed penalty within time limits. Determination of tax addresses cases where tax is unpaid, short paid, erroneously refunded or input tax credit wrongly availed for reasons other than fraud or wilful misstatement. The proper officer must serve a show-cause notice requiring payment of tax, interest and penalty; a later statement can extend the same grounds to other periods and is deemed a notice. Voluntary pre-notice payment prevents notice for that amount; paying tax with interest within thirty days of notice avoids penalty. The officer must issue an order fixing tax, interest and penalty within the statutory time limit.
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.
Determination of tax: non-fraud shortfalls subject to show-cause notice, interest and prescribed penalty within time limits.
Determination of tax addresses cases where tax is unpaid, short paid, erroneously refunded or input tax credit wrongly availed for reasons other than fraud or wilful misstatement. The proper officer must serve a show-cause notice requiring payment of tax, interest and penalty; a later statement can extend the same grounds to other periods and is deemed a notice. Voluntary pre-notice payment prevents notice for that amount; paying tax with interest within thirty days of notice avoids penalty. The officer must issue an order fixing tax, interest and penalty within the statutory time limit.
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