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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.
Bihar Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Determination of unpaid tax: notice-led assessment requires payment with interest and possible penalty. Where a proper officer finds tax unpaid, short paid, erroneously refunded, or input tax credit wrongly availed for reasons other than fraud or wilful misstatement, the officer must serve a notice requiring the person to show cause and pay specified tax, interest and penalty. A statement may extend the periods covered if based on the same grounds. Voluntary payment of tax with interest before notice precludes proceedings for that amount; shortfalls may be pursued. Payment within a short period after notice removes penalty liability. The officer must determine and order tax, interest and penalty within the statutory assessment period.
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 unpaid tax: notice-led assessment requires payment with interest and possible penalty.
Where a proper officer finds tax unpaid, short paid, erroneously refunded, or input tax credit wrongly availed for reasons other than fraud or wilful misstatement, the officer must serve a notice requiring the person to show cause and pay specified tax, interest and penalty. A statement may extend the periods covered if based on the same grounds. Voluntary payment of tax with interest before notice precludes proceedings for that amount; shortfalls may be pursued. Payment within a short period after notice removes penalty liability. The officer must determine and order tax, interest and penalty within the statutory assessment period.
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