- 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)
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