Question 1 - Which are the applicable sections for the purpose of recovery of tax short paid or not paid or amount erroneously refunded or input tax credit wrongly availed or utilized?
Faq On GST (2nd Edition) Dated 31.3.2017 Chapter 15 Demands and Recovery
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Tax recovery provisions: Section 73 for non fraud cases and Section 74 for fraud related short payment and erroneous credits. Recovery of unpaid or short paid tax, erroneous refunds, or wrongly availed input tax credit follows two tracks: Section 73 for cases without fraud, suppression, or mis statement; and Section 74 where fraud, suppression, or mis statement is invoked, with the latter governing fraud related recoveries and associated consequences.
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.
Tax recovery provisions: Section 73 for non fraud cases and Section 74 for fraud related short payment and erroneous credits.
Recovery of unpaid or short paid tax, erroneous refunds, or wrongly availed input tax credit follows two tracks: Section 73 for cases without fraud, suppression, or mis statement; and Section 74 where fraud, suppression, or mis statement is invoked, with the latter governing fraud related recoveries and associated consequences.
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