https://www.taxtmi.com/forum/issue?id=120090 Section 74 targets unpaid or short-paid tax resulting from fraud, willful misstatement, or suppression of facts; a taxpayer's disclosure in the annual return does not bar initiation of penal proceedings if tax, interest, and penalty remain unpaid and the department can establish the requisite culpable elements. Mitigation of penalty under the provision depends on actual payment before issuance of a show cause notice, and absence of payment forfeits that benefit. If short payment arises from bona fide error, non-penal recovery under the general provisions rather than penal proceedings is appropriate, subject to the department's burden to prove intent and to applicable time limits for issuing notices. en-us Wed, 04 Jun 2025 15:35:03 +0530 Sun, 08 Jun 2025 17:27:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/forum/issue?id=120090 Section 74 targets unpaid or short-paid tax resulting from fraud, willful misstatement, or suppression of facts; a taxpayer's disclosure in the annual return does not bar initiation of penal proceedings if tax, interest, and penalty remain unpaid and the department can establish the requisite culpable elements. Mitigation of penalty under the provision depends on actual payment before issuance of a show cause notice, and absence of payment forfeits that benefit. If short payment arises from bona fide error, non-penal recovery under the general provisions rather than penal proceedings is appropriate, subject to the department's burden to prove intent and to applicable time limits for issuing notices. Discussion-Forum GST Wed, 04 Jun 2025 15:35:03 +0530 https://www.taxtmi.com/forum/issue?id=120090