Section 74's five-year limitation applies only where fraud,...

Section 74's five-year limitation applies only where fraud, wilful misstatement or suppression of facts to evade tax provides the statutory basis for the demand. Section 61 return scrutiny and Section 65 audit are separate processes; prior audit findings or Section 73 action do not automatically bar a later Section 74 notice where scrutiny identifies a materially distinct unreconciled input tax credit discrepancy. Departmental knowledge is relevant only if the later notice rests on identical disclosed facts and grounds. At the notice stage, the taxpayer must contest duplication, computation and the alleged intent to evade in reply. If an appellate authority, tribunal or court finds Section 74 ingredients unestablished, Section 75(2) permits treatment of the notice under Section 73, subject to limitation and sustainable underlying liability.