Clarification with regard to applicability of provisions of section 75(2) of the Rajasthan Goods and Services Tax Act, 2017 and its effect on limitation.
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Re-determination under section 73 must be completed within prescribed limitation and limited to timely-issued notices. The proper officer must issue any order re-determining tax, interest and penalty within two years of communication of the appellate direction, and may re-determine only those amounts (tax short-paid or not paid, wrongly availed or utilized input tax credit, or erroneous refund) where the original show-cause notice was issued within the limitation period applicable to non-fraud assessments; amounts where the non-fraud limitation had already expired are time-barred and the proceedings must be dropped.
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Provisions expressly mentioned in the judgment/order text.
Re-determination under section 73 must be completed within prescribed limitation and limited to timely-issued notices.
The proper officer must issue any order re-determining tax, interest and penalty within two years of communication of the appellate direction, and may re-determine only those amounts (tax short-paid or not paid, wrongly availed or utilized input tax credit, or erroneous refund) where the original show-cause notice was issued within the limitation period applicable to non-fraud assessments; amounts where the non-fraud limitation had already expired are time-barred and the proceedings must be dropped.
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