The due date to furnish the yearly return beneath section 44 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), towards the FY 2017-18, 2018-19 & 2019-20 provided as:
| Sr. No. | Period | “Last date to file Annual Return” |
|---|---|---|
| 1 | 2017-18 | “05th & 7th February 2020 (Notification No. 06/2020-Central Tax, dated 03.02.2020)” |
| 2 | 2018-19 | “31st December 2020 (Notification No. 80/2020-Central Tax, dated 28.10.2020)” |
| 3 | 2019-20 | “31st March 2021 (Notification No. 04/2021-Central Tax, dated 28.02.2021)” |
Section 73 and 74 of CGST Act, 2017 is for finding out the tax liability and adjudication of the case towards the basic and bogus or destruction case correspondingly. The proper officer will provide the notice for at least 3 months before passing the order under the mentioned duration beneath sub-section(10) of Section 73/74 of CGST Act, 2017. Moreover, beneath section 73 (10) of CGST act 2017, an order is to be passed in 3 years from the last date of GST filing the yearly return for the fiscal year FY where the tax not furnished or short paid or the claim of the ITC is not correct or used relevant to or in 3 years from the date of wrong information of the refund. Indeed beneath section 74(10) of CGST Act, 2017, the order will get passed in 5 years from the last date of filing the yearly return for the fiscal year to which the tax does not furnish or short paid or ITC claimed incorrectly or practised relevant to or in 5 years from the erroneous refund date.
This should keep in mind that the board has built an informative analysis to seek the trends in cases of the GST theft and bogus claim of the income tax credit registered face to face number of SCNs (Show Cause Notice) provided towards the FY 2017-18 [w.e.f. July 2017], 2018-19 & 2019-20, is performed and it is seen in the registered bogus GST cases and inside the fake ITC cases registered in the prescribed period above SCNs is also provided in some cases. As the due date to furnish the yearly returns for the FYs of 2017-19, 2018-19 & 2019-20 has been previously completed, thus the restriction of 3 years or 5 years towards the issuance of the orders beneath section 73 & 74 of CGST Act, 2017 is previously incorporated.
Towards the same concern, the board has provided the Instruction No. 02/2021-22 [GST-Investigation] dated 22nd September 2021 to the principal Director General/Director General(s) /Principal Chief Commissioner(s)/Chief Commissioner(s) which they under their law might take the stock of due investigation cases which warrant issuance of show cause notices and opt proper action to ensure the timely finish of the examination and issuance of SCNs prior to the due date.
Board has investigated that if the issuance of the SCNs is extended to the last date it gives very little time within the decisive authority is unable to pass the orders in the said time period given under sub-section(10) of Section 73/74 of CGST Act, 2017. The outcomes from this might be that the decisive authority shall unable to pass the orders in the said time or quality of adjudication sustains. It is seen that the current situation urges additional efforts upon the segment of furnished formations and tight tracking on the supervisory grounds.
