Section 73 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts of CGST ACT, 2017<\/p>\n
73. (1) Where it appears to the proper officer that any tax has not been paid or short
\npaid or erroneously refunded, or where input tax credit has been wrongly availed or utilised
\nfor any reason, other than the reason of fraud or any wilful-misstatement or suppression of
\nfacts to evade tax, he shall serve notice on the person chargeable with tax which has not been
\nso paid or which has been so short paid or to whom the refund has erroneously been made,
\nor who has wrongly availed or utilised input tax credit, requiring him to show cause as to why
\nhe should not pay the amount specified in the notice along with interest payable thereon
\nunder section 50 and a penalty leviable under the provisions of this Act or the rules made
\nthereunder.
\n(2) The proper officer shall issue the notice under sub-section (1) at least three months
\nprior to the time limit specified in sub-section (10) for issuance of order.
\n(3) Where a notice has been issued for any period under sub-section (1), the proper
\nofficer may serve a statement, containing the details of tax not paid or short paid or erroneously
\nrefunded or input tax credit wrongly availed or utilised for such periods other than those
\ncovered under sub-section (1), on the person chargeable with tax.
\n(4) The service of such statement shall be deemed to be service of notice on such
\nperson under sub-section (1), subject to the condition that the grounds relied upon for such
\ntax periods other than those covered under sub-section (1) are the same as are mentioned in
\nthe earlier notice.
\n(5) The person chargeable with tax may, before service of notice under sub-section (1)
\nor, as the case may be, the statement under sub-section (3), pay the amount of tax along with
\ninterest payable thereon under section 50 on the basis of his own ascertainment of such tax
\nor the tax as ascertained by the proper officer and inform the proper officer in writing of such
\npayment.
\n(6) The proper officer, on receipt of such information, shall not serve any notice under
\nsub-section (1) or, as the case may be, the statement under sub-section (3), in respect of the
\ntax so paid or any penalty payable under the provisions of this Act or the rules made
\nthereunder.
\n(7) Where the proper officer is of the opinion that the amount paid under
\nsub-section (5) falls short of the amount actually payable, he shall proceed to issue the
\nnotice as provided for in sub-section (1) in respect of such amount which falls short of the
\namount actually payable.
\n(8) Where any person chargeable with tax under sub-section (1) or sub-section (3)
\npays the said tax along with interest payable under section 50 within thirty days of issue of
\nshow cause notice, no penalty shall be payable and all proceedings in respect of the said
\nnotice shall be deemed to be concluded.
\n(9) The proper officer shall, after considering the representation, if any, made by
\nperson chargeable with tax, determine the amount of tax, interest and a penalty equivalent to
\nten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and
\nissue an order.
\n(10) The proper officer shall issue the order under sub-section (9) within three years
\nfrom the due date for furnishing of annual return for the financial year to which the tax not
\npaid or short paid or input tax credit wrongly availed or utilised relates to or within three
\nyears from the date of erroneous refund.
\n(11) Notwithstanding anything contained in sub-section (6) or sub-section (8), penalty
\nunder sub-section (9) shall be payable where any amount of self-assessed tax or any amount
\ncollected as tax has not been paid within a period of thirty days from the due date of payment
\nof such tax.<\/p>\n","protected":false},"excerpt":{"rendered":"
Section 73 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts of CGST ACT, 2017 73. (1) Where it appears to the proper officer that any tax has not been paid … Continue reading “Section 73 – Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts of CGST ACT, 2017”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"_links":{"self":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/273"}],"collection":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/comments?post=273"}],"version-history":[{"count":1,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/273\/revisions"}],"predecessor-version":[{"id":274,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/273\/revisions\/274"}],"wp:attachment":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/media?parent=273"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/categories?post=273"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/tags?post=273"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}