Confusion while reading Section 76 along with Section 73/74

[Punit Agarwal]

How can Section 76 be differentiated from Section 73/74?

Say for E.g.

If i have not deposited the tax beyond 3 months of due date of filling GSTR-3B but correctly disclosed tax payable in GSTR-1, under which section can Department demand Tax.

The Area of concern for me is the Penalty.

Section 76 asks for 100 Penalty and 73/74 asks for Lower rates of penalty (Lowest being Nil and 15% respectively)

AI Summary

Debate on GST Law: Clarifying Penalty Application Under Sections 73, 74, and 76 for Undeposited Taxes A discussion on a forum addresses confusion about the application of Sections 73, 74, and 76 under the Goods and Services Tax (GST) law. The initial query concerns the appropriate section for imposing penalties when tax is disclosed but not deposited. Section 73 pertains to penalties for bona fide mistakes without intent to evade tax, while Section 74 deals with intentional tax evasion. Section 76 involves penalties for retaining collected tax, whether or not the supply is taxable. Participants debate the interpretation of Section 76, emphasizing that collected tax must be deposited with the government.