Guidelines for recovery proceedings under the provisions of section 79 of the HGST Act, 2017 in cases covered under explanation to sub-section (12) of section 75 of the HGST Act, 2017
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Recovery of self-assessed tax: officers may seek explanation or payment before initiating recovery under section 79. Where outward supplies declared in GSTR-1 are not paid through GSTR-3B, the proper officer shall communicate with the registered person to pay the short-paid amount or explain the discrepancy within a prescribed reasonable time. If the explanation satisfies the officer or the shortfall is paid, recovery need not follow. Failure to respond, to pay within the time allowed, or to justify the difference to the officer's satisfaction permits initiation of recovery proceedings under the statutory recovery provisions.
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.
Recovery of self-assessed tax: officers may seek explanation or payment before initiating recovery under section 79.
Where outward supplies declared in GSTR-1 are not paid through GSTR-3B, the proper officer shall communicate with the registered person to pay the short-paid amount or explain the discrepancy within a prescribed reasonable time. If the explanation satisfies the officer or the shortfall is paid, recovery need not follow. Failure to respond, to pay within the time allowed, or to justify the difference to the officer's satisfaction permits initiation of recovery proceedings under the statutory recovery provisions.
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