GENERAL PROVISIONS IN CASE OF DETERMINATION OF TAX (SECTION 75 OF CGST ACT)

  • Exclusion of stay period in case which is stayed by court or tribunal for purpose for caluclating time limit for passing order u/s 73 or 74
  • In case of notice issued u/s 74 for fraud cases but for such fraud cases could not be estabilshed then PO will proceed u/s 73 by deeming to be treated as issuance of notice u/s 74
  • Order has to be passed within 2 years in case of direction of court or tribunal
  • Proper opportunity of being heard before passing order
  • Maximum 3 adjournments is to be granted if sufficient cause produced
  • While passing order it must contain relevant facts and basis of such decision
  • The amount of interest, penalty, tax confirmed should not exceed amount specified in notice
  • No demand shall be confirmed on grounds other than grounds mention in SCN
  • if appellate tribunal or court modified amount of tax in any order then amount of int and penalty modified accordingly
  • Interest is to be automatic and mandatory in nature. If not specified in order assessee has to paid mandatorily
  • If PO fails to issue notice u/s 73 or 74 within time limit then proceedings are deemed to be concluded
  • If any self assessed tax declared in return not paid then can be recovered without SCN

AUTHOR : KRISHNA REDDY (CLICK HERE TO VIEW PROFILE)

CLICK HERE TO INSTALL OUR APP FOR IT, GST, MCA/ROC UPDATES