Section 73 - Determination of tax 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.

Section 73 Bihar GST Act: Tax Recovery Without Penalty for Timely Payment; Order Issued Within Three-Year Limit

Section 73 of the Bihar Goods and Services Tax Act, 2017, addresses the determination and recovery of taxes not paid, short paid, erroneously refunded, or input tax credit wrongly availed or utilized, excluding cases involving fraud or willful misstatement. It mandates the proper officer to issue a notice to the liable person, requiring payment of the specified amount with interest and a penalty. The notice must be issued at least three months before the deadline for the order. If the taxpayer pays the tax and interest within 30 days of the notice, no penalty applies, and proceedings conclude. The officer must issue the order within three years from the relevant financial year's annual return due date or erroneous refund date.