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GST AUDIT U/S 65 AND SHOW CAUSE U/S 73
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....ST AUDIT U/S 65 AND SHOW CAUSE U/S 73<br> Query (Issue) Started By: - BARUN MUKHERJEE Dated:- 25-11-2024 Last Reply Date:- 15-12-2024 Goods and Services Tax - GST<br>Got 7 Replies<br>GST<br>Respected Sir, Department has already conducted GST Audit u/s 65 and ADT-2 was issued accordingly for the F.Y. 2018-19 to 21-22. As per audit observation the taxpayer has already paid the tax along with applic....
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....able interest and penalty. Now Jurisdiction office has sent show cause notice u/s 73 for the F.Y. 2020-21. Is there any provision or notification by which proceeding u/s 73 can be dropped. Reply By KASTURI SETHI: The Reply: What is the date of issue of the SCN ? What is the date of payment of tax and interest ? Reply By BARUN MUKHERJEE: The Reply: Respected sir, SCN is issued on 25/11/2024 an....
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....d tax along with interest and penalty has already been paid through DRC-03 ON 31/07/2024. Reply By KASTURI SETHI: The Reply: (i) The SCN was not required to be issued under Section 73. However, now the purpose of SCN is meant for only confirmation of demand, interest and penalty. (ii) You were not required to pay penalty as you deposited due tax along with interest much before the issuance of t....
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....he SCN. Section 73 (8) does not require to pay penalty. As per Sub-Section 8 all proceedings shall be concluded without payment of penalty. (iii) Now reply to the SCN has to be filed within stipulated period and while filing reply you must contest the penalty and request for relief i.e. refund of penalty. (iv) My reply is relevant only if all facts have been disclosed truly and correctly. Reply....
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.... By Shilpi Jain: The Reply: Can the amount paid be appropriated by the department without issuing SCN? What happens to the other years where SCN is not issued (other than 20-21) Reply By BARUN MUKHERJEE: The Reply: Respected Shilpi Mam, Taxpayer has already paid the tax along with applicable interest and penalty u/s 74 as per audit observation before issuance of SCN for the F.Y. 2018-19 to 21....
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....-22. Mam for your further information no SCN was issued for those F.Y. other than 20-21. Reply By KALLESHAMURTHY MURTHY: The Reply: Dear sir, The query is incomplete. Whether the notice was issued u/s 73 or 74, Pl, specify. Whether the SCN was issued by the same authority and on the same issue. Sometimes, it happens with the department due to duplication of assignments to different Officers. Ev....
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....en once the audit u/s 65 is completed, Sec. 73 or 74 can also be invoked for any issues that remain non-complined or any other issues found subsequently. Reply By KASTURI SETHI: The Reply: I concur with the following view of Sh.Kallashamurhy Murthy, Sir. "Even once the audit u/s 65 is completed, Sec. 73 or 74 can also be invoked for any issues that remain non-complied or any other issues f....
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....ound subsequently".<br> Discussion Forum - Knowledge Sharing ....