Section 74 - 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 by reason of 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 evasion triggers notice, staged payment options and penalties that can conclude assessment proceedings. Determination of tax involving fraud, wilful misstatement or suppression of facts requires a show cause notice demanding tax, interest under section 50 and a penalty equivalent to tax; the officer must issue notice at least six months before the time limit, may serve supplementary statements for related periods, and assessments must be completed within five years from the annual return due date or erroneous refund date. Staged pre payment options with specified reduced penalties allow conclusion of proceedings if paid within prescribed timelines, and certain proceedings (including prosecution/confiscation) are excluded from the phrase concluding proceedings.
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 evasion triggers notice, staged payment options and penalties that can conclude assessment proceedings.
Determination of tax involving fraud, wilful misstatement or suppression of facts requires a show cause notice demanding tax, interest under section 50 and a penalty equivalent to tax; the officer must issue notice at least six months before the time limit, may serve supplementary statements for related periods, and assessments must be completed within five years from the annual return due date or erroneous refund date. Staged pre payment options with specified reduced penalties allow conclusion of proceedings if paid within prescribed timelines, and certain proceedings (including prosecution/confiscation) are excluded from the phrase concluding proceedings.
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