Section 74 - Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilfulmisstatement or suppression of facts of CGST ACT, 2017

               74. (1) Where it appears to the proper officer that any tax has not been paid or short
paid or erroneously refunded or where input tax credit has been wrongly availed or utilised
by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax, he shall
serve notice on the person chargeable with tax which has not been so paid or which has been
so short paid or to whom the refund has erroneously been made, or who has wrongly availed
or utilised input tax credit, requiring him to show cause as to why he should not pay the
amount specified in the notice along with interest payable thereon under section 50 and a
penalty equivalent to the tax specified in the notice.
                   (2) The proper officer shall issue the notice under sub-section (1) at least six months
prior to the time limit specified in sub-section (10) for issuance of order.
                   (3) Where a notice has been issued for any period under sub-section (1), the proper
officer may serve a statement, containing the details of tax not paid or short paid or erroneously
refunded or input tax credit wrongly availed or utilised for such periods other than those
covered under sub-section (1), on the person chargeable with tax.
                  (4) The service of statement under sub-section (3) shall be deemed to be service of
notice under sub-section (1) of section 73, subject to the condition that the grounds relied
upon in the said statement, except the ground of fraud, or any wilful-misstatement or
suppression of facts to evade tax, for periods other than those covered under
sub-section (1) are the same as are mentioned in the earlier notice.
                 (5) The person chargeable with tax may, before service of notice under
sub-section (1), pay the amount of tax along with interest payable under section 50 and a
penalty equivalent to fifteen per cent. of such tax on the basis of his own ascertainment of
such tax or the tax as ascertained by the proper officer and inform the proper officer in writing
of such payment.
                (6) The proper officer, on receipt of such information, shall not serve any notice under
sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of
this Act or the rules made thereunder.
                (7) Where the proper officer is of the opinion that the amount paid under
sub-section (5) falls short of the amount actually payable, he shall proceed to issue the
notice as provided for in sub-section (1) in respect of such amount which falls short of the
amount actually payable.
               (8) Where any person chargeable with tax under sub-section (1) pays the said tax
along with interest payable under section 50 and a penalty equivalent to twenty-five per cent.
of such tax within thirty days of issue of the notice, all proceedings in respect of the said
notice shall be deemed to be concluded.
              (9) The proper officer shall, after considering the representation, if any, made by the
person chargeable with tax, determine the amount of tax, interest and penalty due from such
person and issue an order.
             (10) The proper officer shall issue the order under sub-section (9) within a period of
five years from the due date for furnishing of annual return for the financial year to which the
tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five
years from the date of erroneous refund.
            (11) Where any person served with an order issued under sub-section (9) pays the tax
along with interest payable thereon under section 50 and a penalty equivalent to fifty per
cent. of such tax within thirty days of communication of the order, all proceedings in respect
of the said notice shall be deemed to be concluded.
               Explanation 1.—For the purposes of section 73 and this section,—
                   (i) the expression “all proceedings in respect of the said notice” shall not
include proceedings under section 132;

                   (ii) where the notice under the same proceedings is issued to the main
person liable to pay tax and some other persons, and such proceedings against
the main person have been concluded under section 73 or section 74, the
proceedings against all the persons liable to pay penalty under sections 122,
125, 129 and 130 are deemed to be concluded.
                   Explanation 2.––For the purposes of this Act, the expression “suppression”
shall mean non-declaration of facts or information which a taxable person is required to
declare in the return, statement, report or any other document furnished under this Act
or the rules made thereunder, or failure to furnish any information on being asked for,
in writing, by the proper officer.

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