Section 73 - Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized for any reason other than fraud or any willful misstatement or suppression of facts.

Section 73: GST Act 2017 on Tax Recovery, Notices, and Penalties for Non-Fraudulent Cases

Section 73 of the Jammu and Kashmir Goods and Services Tax Act, 2017, addresses the determination and recovery of tax not paid, short paid, erroneously refunded, or input tax credit wrongly availed or utilized, excluding cases of fraud or willful misstatement. The proper officer must notify the liable party to show cause for the unpaid or short-paid tax, erroneous refund, or wrongly availed credit. The notice must be issued at least three months before the deadline for issuance of the order. If the liable person pays the tax and interest within 30 days of the notice, no penalty applies. The officer must determine the tax, interest, and penalty, issuing an order within three years from the relevant financial year's annual return due date or erroneous refund date. Penalties apply if self-assessed tax remains unpaid beyond 30 days from the due date.