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.
Andhra Pradesh Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Fraudulent tax evasion triggers a show-cause notice with interest and escalating penalties plus specified payment windows. Determination of tax unpaid, short paid, erroneously refunded or input tax credit wrongly availed by reason of fraud or wilful misstatement invokes a show-cause notice requiring payment of specified tax, interest under section 50 and a penalty equivalent to the tax; notices must be issued at least six months prior to the assessment time limit. Voluntary pre-notice payment with interest plus a fifteen per cent penalty prevents a notice; payment within thirty days of notice with interest and a twenty-five per cent penalty concludes that notice. Orders assessing tax, interest and penalty must be issued within five years of the annual return due date or erroneous refund, and payment within thirty days of the order with interest and a fifty per cent penalty concludes proceedings.
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.
Fraudulent tax evasion triggers a show-cause notice with interest and escalating penalties plus specified payment windows.
Determination of tax unpaid, short paid, erroneously refunded or input tax credit wrongly availed by reason of fraud or wilful misstatement invokes a show-cause notice requiring payment of specified tax, interest under section 50 and a penalty equivalent to the tax; notices must be issued at least six months prior to the assessment time limit. Voluntary pre-notice payment with interest plus a fifteen per cent penalty prevents a notice; payment within thirty days of notice with interest and a twenty-five per cent penalty concludes that notice. Orders assessing tax, interest and penalty must be issued within five years of the annual return due date or erroneous refund, and payment within thirty days of the order with interest and a fifty per cent penalty concludes proceedings.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.