TMI BlogDemand in case other than fraud or any wilful-misstatement or suppression of facts [Section 73]X X X X Extracts X X X X X X X X Extracts X X X X ..... s erroneously been made, or who has wrongly availed or utilised input tax credit Time limit for issuance of SCN [ Section 73(2), (10)] Time limit for issuing SCN:- The proper officer shall issue the notice under section 73(1) at least three months prior to serving order. [section 73(2)] Time limit for issuance of Adjudication order :- As per section 73(10) time limit is within three 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 three years from the date of erroneous refund. Extension of time limit specified u/s 73(10) for issuance of order u/s 73(9):- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice has been issued for any period under section 73(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 on the person chargeable with tax. Section 73(4) The service of such statement shall be deemed to be service of notice on such person chargeable with tax, on the same grounds as stated in earlier notice.(ie as show cause notice). Payment of tax before issue of SCN [Section 73(5), (6), (7)] [Voluntary Payment] Interest on tax always paid whether specified or not in demand order As Per section 73(5) In case of payment of amount of tax along with inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be payable; where any amount of self-assessed tax or any amount collected as tax has not been paid ; within a period of thirty days from the due date of payment of such tax. Determination of penalty Section 73(9) The proper officer shall issue a order and impose the penalty equivalent to, a) 10% of tax or b) ₹ 10,000/- Whichever is higher Procedure for issue of Notice and order for demand of amounts payable under the Act . Issuance of Notice or statement As per rule 142(1) The proper officer shall serve, along with the (a) Notice issued in FORM GST DRC-01 , in following cases :- under section 52 or section 73 or sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art B of FORM GST DRC-01A (3) Where the person chargeable with tax makes payment of tax and interest under sub-section (8) of section 73 or, as the case may be, tax, interest and penalty under sub-section (8) of section 74 within thirty days of the service of a notice under sub-rule (1), or where the person concerned makes payment of the amount referred to in sub-section (1) of section 129 within seven days of the notice issued under sub-section (3) of Section 129 but before the issuance of order under the said sub-section (3), he shall intimate the proper officer of such payment in FORM GST DRC-03 and the proper officer shall issue an order in FORM GST DRC-05 concluding the proceedings in respect of the said notice. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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