Section 74 - Determination of tax 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.
Orissa Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Determination of tax evasion triggers notice requiring tax, interest and penalties, with payment options to close proceedings. Where tax is unpaid, short paid, erroneously refunded or input tax credit wrongly availed by reason of fraud or wilful misstatement or suppression, the proper officer shall serve a show cause notice specifying tax, interest and a penalty equal to the tax. Voluntary payments may prevent or conclude proceedings: pre notice payment with interest and a fifteen percent penalty prevents notice; payment within thirty days of notice with interest and a twenty five percent penalty concludes proceedings; payment within thirty days of the order with interest and a fifty percent penalty also concludes proceedings. The officer then determines tax, interest and penalty and issues an order within the 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 evasion triggers notice requiring tax, interest and penalties, with payment options to close proceedings.
Where tax is unpaid, short paid, erroneously refunded or input tax credit wrongly availed by reason of fraud or wilful misstatement or suppression, the proper officer shall serve a show cause notice specifying tax, interest and a penalty equal to the tax. Voluntary payments may prevent or conclude proceedings: pre notice payment with interest and a fifteen percent penalty prevents notice; payment within thirty days of notice with interest and a twenty five percent penalty concludes proceedings; payment within thirty days of the order with interest and a fifty percent penalty also concludes proceedings. The officer then determines tax, interest and penalty and issues an order within the limitation period.
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