https://www.taxtmi.com/article/detailed?id=12849 Section 74 can be invoked only where the proper officer forms a prima facie opinion, supported by material, that tax default or wrongful availment of input tax credit occurred by reason of fraud, willful misstatement or suppression of facts to evade tax. The burden to bring relevant evidence lies on the department; if the taxable person submits cogent representations and evidence disproving these ingredients, the proper officer must consider them, record reasons if rejecting them, and may drop or re-cast Section 74 proceedings rather than treating the issuance as irrevocable. en-us Mon, 12 Aug 2024 20:21:15 +0530 Tue, 13 Aug 2024 11:10:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/article/detailed?id=12849 Section 74 can be invoked only where the proper officer forms a prima facie opinion, supported by material, that tax default or wrongful availment of input tax credit occurred by reason of fraud, willful misstatement or suppression of facts to evade tax. The burden to bring relevant evidence lies on the department; if the taxable person submits cogent representations and evidence disproving these ingredients, the proper officer must consider them, record reasons if rejecting them, and may drop or re-cast Section 74 proceedings rather than treating the issuance as irrevocable. Articles Goods and Services Tax - GST Mon, 12 Aug 2024 20:21:15 +0530 https://www.taxtmi.com/article/detailed?id=12849