"SAY IT, DON'T RECITE IT" - Supreme Court Tells the GST Department: No Facts, No Fraud, No Section 74

"SAY IT, DON'T RECITE IT" - Supreme Court Tells the GST Department: No Facts, No Fraud, No Section 74 https://www.taxtmi.com/article/detailed?id=17360 Section 74 of the CGST Act requires an officer's independent satisfaction, supported by disclosed facts, that a tax shortfall or wrongful input tax credit claim resulted from fraud, wilful misstatement, or suppression of facts. An audit objection, statutory recitals, or a protective notice issued because ordinary limitation is nearing expiry cannot alone establish that basis. The show cause notice must identify the material facts, including missing evidence or concealed facts. The sufficiency of these foundational allegations is a threshold issue separate from the merits of the tax demand. en-us Mon, 07 Sep 2026 09:14:07 +0530 Mon, 07 Sep 2026 09:14:07 +0530 TaxTMI RSS Generator "SAY IT, DON'T RECITE IT" - Supreme Court Tells the GST Department: No Facts, No Fraud, No Section 74 https://www.taxtmi.com/article/detailed?id=17360 Section 74 of the CGST Act requires an officer's independent satisfaction, supported by disclosed facts, that a tax shortfall or wrongful input tax credit claim resulted from fraud, wilful misstatement, or suppression of facts. An audit objection, statutory recitals, or a protective notice issued because ordinary limitation is nearing expiry cannot alone establish that basis. The show cause notice must identify the material facts, including missing evidence or concealed facts. The sufficiency of these foundational allegations is a threshold issue separate from the merits of the tax demand. Articles Goods and Services Tax - GST Mon, 07 Sep 2026 09:14:07 +0530 https://www.taxtmi.com/article/detailed?id=17360