Extended GST demands require proven suppression, while undisclosed rental receipts support penalties and disputed credits need merits review.
Section 74(1) requires facts establishing fraud, wilful misstatement or suppression with intent to evade tax; merely reciting those terms does not justify extended limitation or penalty. Non-disclosure of rental receipts in GST returns, though identified in Form 26-AS, constitutes suppression, sustaining tax, equal penalty and interest. Freight and disputed input-tax-credit components evident from returns or audit material cannot proceed under Section 74 and must be addressed under Section 75(2) as a Section 73(1) demand. A consolidated notice covering multiple tax years is valid, and the supplier's registered location retains jurisdiction over rent from property in another State. Input tax credit cannot be refused solely for absence from GSTR-2A; substantive eligibility, including blocked credit, requires fresh determination. Late fee and interest remain independently payable.
Issues: (i) Validity of a consolidated show cause notice and order-in-original covering multiple financial years; (ii) Territorial jurisdiction of Chandigarh GST authorities to demand tax on rental income from immovable property situated in Punjab; (iii) Invocation of Section 74(1) for rental income, freight charges, excess input tax credit, and blocked credit; (iv) Liability for late fee and interest; (v) Admissibility of excess and blocked input tax credit.
Issue (i): Validity of a consolidated show cause notice and order-in-original covering multiple financial years.
Analysis: A consolidated show cause notice and adjudication order spanning more than one financial or tax year are not, by themselves, prohibited. The adoption of the applicable legal position rejected the challenge based solely on the consolidated form of the proceedings.
Conclusion: The consolidated show cause notice and order-in-original are legally valid. This is against the assessee.
Issue (ii): Territorial jurisdiction of Chandigarh GST authorities to demand tax on rental income from immovable property situated in Punjab.
Analysis: Under Section 12(3) of the Integrated Goods and Services Tax Act, 2017, the place of supply for services directly connected with immovable property is the property's location. However, Section 2(71) of the Central Goods and Services Tax Act, 2017 and Section 2(15) of the Integrated Goods and Services Tax Act, 2017 make the registered place of business the location of the supplier of services. The Punjab location of the property consequently made the supply inter-State and attracted IGST, but did not displace the jurisdiction of the authorities administering the supplier's Chandigarh registration.
Conclusion: Chandigarh GST authorities had jurisdiction to raise the rental-income demand. This is against the assessee.
Issue (iii): Invocation of Section 74(1) for rental income, freight charges, excess input tax credit, and blocked credit.
Analysis: The extended limitation and penalty mechanism under Section 74(1) requires foundational facts demonstrating fraud, wilful misstatement, or suppression of facts with intent to evade tax; a mechanical recital of those expressions is insufficient. The freight reverse-charge amount, the alleged excess input tax credit, and the blocked credit were discernible from statutory returns and audit material, with no adequate allegation establishing the requisite suppression. The finding that the excess-credit exercise was revenue neutral also negated recourse to Section 74 for that amount. In contrast, rental receipts detected through Form 26-AS had not been declared in GST returns. Such non-declaration falls within suppression under Explanation 2 to Section 74.
Conclusion: Section 74(1) was validly invoked for the undisclosed rental income, including equal penalty and interest, but could not be invoked for the freight, excess-credit, and blocked-credit components. The ruling is against the assessee for the rental-income component and in favour of the assessee for the remaining components; any tax liability on those remaining components must be determined under Section 75(2) as if notice had been issued under Section 73(1).
Issue (iv): Liability for late fee and interest.
Analysis: Section 74 concerns demand of tax and imposition of penalty and does not govern late fee or interest. Its inapplicability therefore did not affect the independently payable late fee and related interest.
Conclusion: The late fee and interest are upheld. This is against the assessee.
Issue (v): Admissibility of excess and blocked input tax credit.
Analysis: Subject to fulfilment of the conditions in Section 16 of the Central Goods and Services Tax Act, 2017, input tax credit cannot be denied solely because the invoices are not reflected in Form GSTR-2A. The claimed blocked credit also required merits examination where the relevant invoice was asserted to have subsequently become available.
Conclusion: The admissibility of the excess and blocked input tax credit requires fresh merits determination by the adjudicating authority. This is in favour of the assessee.
Final Conclusion: The rental-tax liability, equal penalty, interest, and late fee remain enforceable, while the extended-period demands and penalties relating to freight and the disputed credits cannot stand; the disputed credit claims require adjudication on their substantive eligibility.
Ratio Decidendi: The extended-period mechanism under Section 74 cannot rest on a mechanical allegation of fraud, wilful misstatement, or suppression; undisclosed information required to be furnished in GST returns constitutes suppression, whereas matters evident from statutory returns without supporting foundational facts do not.