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Issue ID: 117732
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Notice u/s 73 and 74

Date 26 Dec 2021
Replies 2 Replies
Views 1259 Views
Show cause notice under Section 73/74: fresh notices possible if facts were concealed to evade tax liability.
A fresh show cause notice under Sections 73 and 74 may be issued for the same fiscal year if material facts were not disclosed earlier with intent to evade tax, such that the subsequent notice constitutes a distinct proceeding; whether the extended assessment period applies depends on the specific facts and statutory criteria. (AI Summary)

If notice u/s 73/74 received for FY 2017-18, is there any chance to get notice again under 73/74 for the same FY 2017-18

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Replied on Dec 26, 2021
1.

It can be issued. Though whether extended period can be invoked or not will have to be seen

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Replied on Dec 26, 2021
2.

Yes. If full facts were not disclosed earlier to the department with an intent to evade payment of tax, SCN can be issued under Section 73 or 74 for the same period. In that 'eventuality' if SCN is issued, that will be anew SCN and the word,'again' will lose its relevance.

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