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.
Orissa Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Determination of tax not paid triggers show cause notice requiring payment with interest and possible penalty under tax recovery provisions. Where a proper officer finds tax unpaid, short paid, erroneously refunded or input tax credit wrongly utilised (other than due to fraud or wilful suppression), he shall serve a show cause notice requiring payment of the tax, interest and applicable penalty; a detailed statement may extend the same grounds to other periods. Voluntary payment of tax and interest before notice avoids further notice for that amount; payment within thirty days of notice prevents penalty. The officer shall determine tax, interest and penalty after representation and issue an order within the statutory limitation 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 tax not paid triggers show cause notice requiring payment with interest and possible penalty under tax recovery provisions.
Where a proper officer finds tax unpaid, short paid, erroneously refunded or input tax credit wrongly utilised (other than due to fraud or wilful suppression), he shall serve a show cause notice requiring payment of the tax, interest and applicable penalty; a detailed statement may extend the same grounds to other periods. Voluntary payment of tax and interest before notice avoids further notice for that amount; payment within thirty days of notice prevents penalty. The officer shall determine tax, interest and penalty after representation and issue an order within the statutory limitation period.
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