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.
Delhi Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Determination of unpaid tax: show-cause notice, voluntary payment options and time-limited assessment consequences. 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, a show-cause notice specifying tax, interest under section 50 and liable penalty must be served; a statement extending the same grounds to additional periods may be deemed notice. Voluntary payment with interest before notice prevents issuance of notice for the paid amounts; payment within thirty days of notice precludes penalty. After representations, the officer determines tax, interest and penalty (ten per cent of tax or ten thousand rupees, whichever higher) and must issue the order within three years from the relevant annual return due date or erroneous refund date.
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: show-cause notice, voluntary payment options and time-limited assessment consequences.
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, a show-cause notice specifying tax, interest under section 50 and liable penalty must be served; a statement extending the same grounds to additional periods may be deemed notice. Voluntary payment with interest before notice prevents issuance of notice for the paid amounts; payment within thirty days of notice precludes penalty. After representations, the officer determines tax, interest and penalty (ten per cent of tax or ten thousand rupees, whichever higher) and must issue the order within three years from the relevant annual return due date or erroneous refund date.
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