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Extended GST limitation requires specific fraud allegations in the notice; bare assertions cannot cure an otherwise time-barred demand.
Extended limitation for GST show-cause notices based on fraud, wilful misstatement or suppression of facts requires the notice itself to set out specific allegations and supporting material. Mere use of expressions such as "fraud or concealment of facts", without identifying the basis for that inference, does not justify recourse to the extended period. Deficiencies in the notice cannot be cured through a counter affidavit or other pleadings. Where the ordinary limitation period has expired, a notice lacking this substantiation is barred by limitation and cannot be sustained under the extended-limitation provision.
Invocation of extended limitation for fraud, wilful misstatement or suppression of facts - Validity of show cause notice to be determined from its own contents - Notice deemed to be issued under Section 74 of the Central Goods and Services Tax Act, 2017 (CGST Act) read with Madhya Pradesh Goods and Services Tax Act, 2017 (MPGST Act). Whether a show-cause notice issued after expiry of the limitation applicable to non-fraud cases could be sustained under the extended limitation provision on a bare allegation of fraud or concealment of facts? - HELD THAT: - A notice invoking the extended period must itself disclose the allegations and factual basis from which fraud, wilful misstatement or suppression of facts can be inferred. Its deficiency cannot be cured by assertions in a counter affidavit. The notice merely used the expression "fraud or concealment of facts", without stating how either was inferred or detected, and did not disclose a definite basis for invoking the extended period. The ordinary limitation had already expired, even after exclusion of the period directed in Re: Cognizance for Extension of Limitation [2022 (1) TMI 385 - SC ORDER]. [Paras 5, 8, 10, 11] The show cause notice was unsustainable and was set aside, with a direction to the State not to pursue further proceedings pursuant to it. Final Conclusion: The appeal was allowed. The impugned order and the show cause notice were set aside.