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.
Chhattisgarh Goods and Services Tax Act, 2017 Chapter XV DEMANDS AND RECOVERY
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Fraud based tax determination triggers show cause notices and prescribed penalties with opportunities for curtailed proceedings on timely payment. Where non-payment, short payment, erroneous refund or wrongful availing/utilisation of input tax credit arises from fraud, wilful misstatement or suppression, the proper officer may serve a show-cause notice requiring payment of the specified tax with interest and a penalty equal to the tax; a taxpayer may avert notice by earlier payment with interest and a reduced penalty, and payments within specified short periods after notice or order conclude proceedings, while the officer must determine amounts by 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.
Fraud based tax determination triggers show cause notices and prescribed penalties with opportunities for curtailed proceedings on timely payment.
Where non-payment, short payment, erroneous refund or wrongful availing/utilisation of input tax credit arises from fraud, wilful misstatement or suppression, the proper officer may serve a show-cause notice requiring payment of the specified tax with interest and a penalty equal to the tax; a taxpayer may avert notice by earlier payment with interest and a reduced penalty, and payments within specified short periods after notice or order conclude proceedings, while the officer must determine amounts by order within the statutory limitation period.
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