Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onward [ Section 74A ]
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Determination of unpaid tax: notice, interest and tailored penalties with voluntary payment options to limit proceedings. Where tax is unpaid, short paid, erroneously refunded, or input tax credit wrongly availed for financial years from 2024-25, the proper officer must serve a show cause notice stating the tax, interest under section 50 and applicable penalty. Notices must be issued within 42 months from the annual return due date or erroneous refund date; related-period statements may be served if grounds match the earlier notice. The officer determines tax, interest and penalty after representation and issues an order within twelve months, subject to a sanctioned extension by a senior Commissioner-level officer. Voluntary payment options before or after notice alter penalty exposure and conclude proceedings where conditions are met.
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.
Determination of unpaid tax: notice, interest and tailored penalties with voluntary payment options to limit proceedings.
Where tax is unpaid, short paid, erroneously refunded, or input tax credit wrongly availed for financial years from 2024-25, the proper officer must serve a show cause notice stating the tax, interest under section 50 and applicable penalty. Notices must be issued within 42 months from the annual return due date or erroneous refund date; related-period statements may be served if grounds match the earlier notice. The officer determines tax, interest and penalty after representation and issues an order within twelve months, subject to a sanctioned extension by a senior Commissioner-level officer. Voluntary payment options before or after notice alter penalty exposure and conclude proceedings where conditions are met.
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