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Search results for: Section 74

Stakeholders Raise Alarm Over Misuse of GST Audit Notices under Section 74(A)

Stakeholders Flag Misuse of GST Section 74(A) for Routine Audits, Urge Shift to Section 73

Towards the issuance of GST audit scrutiny notices under Section 74(A), tax experts and industry representatives raised concerns regarding bogus practices at the GST conclave, jointly organised by the Central GST (CGST) Ahmedabad Zone and the Gujarat Chamber of Commerce and Industry (GCCI). The experts mentioned that these notices are to be reserved merely for […]

Orissa HC's Order in The Case of Narayan Pradhan vs. Asst. Commissioner, GST and CE

Orissa HC Quashes GST Penalty Under Section 74 Citing Jurisdictional Error

On behalf of petitioner Mr Harichandan, the advocate appears and said that the impugned is Show cause notice on 19th February 2024 that has the purported finding of misstatement made by his client, to underpay the tax issued under sub-section (l) in section 74 of Central Goods and Services Tax Act, 2017. The provision was […]

Orissa HC's Order In the Case of Simanchal Achary vs. Joint Commissioner of State Tax

Orissa HC Sets Aside Tax Penalty Order Under Section 74 for Overlooking Assessee’s GST Payments

Simanchal Achary, the petitioner is a work contractor who is contesting the first appellate order passed u/s 107 of the Act pertinent to the tax period from July 2017 to March 2018. It was asserted by the applicant that certain payments incurred were not regarded in the adjudication order passed u/s 74 of the act […]

Kerala HC's Order In The Case of Ayyappan Pillai vs The State Tax Officer

Kerala HC: If an Assessee Fails to Submit a Sales Report for Tax Evasion, Section 74 Must Be Applied

It was mentioned by the Kerala High Court that the provision of section 74 of the CGST Act can be invoked if the taxpayer fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under […]

Karnataka HC's Order in the Case of Kesar Colour Chem Industries vs. Intelligence Officer

Karnataka HC: ‘Self-ascertainment’ Recovery Under GST Section 74 Violates Article 265

The Karnataka High Court, voluntary determination by the taxpayer himself as regards the tax liability, is sine qua non for ‘self-ascertainment of tax’ under the CGST Act. The high court said that when the notice asked to be issued under section 74(1) it showed a new and complete adjudication and did not direct to a […]

New GST Section 74A

GST Section 74A to Address Tax Discrepancies & Incorrect ITC

To redefine India’s tax landscape, the Finance Minister’s Budget 2024 presentation in Parliament shows a game-changing addition to the GST framework. The updated section 74A changes GST compliance and enforcement in the country. Taxpayers, businesses, and tax professionals across India wish to learn about the implications of the same new section and what it demonstrates […]

Madras HC's Order for Balaji Electrical & Hardwares

Madras HC: If An Assessment Order Doesn’t Meet Conditions Defined in GST Section 74, It Is Considered Invalid

Delhi High Court in a judgment stressed the importance of complying with the statutory needs laid out in Section 74 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act), in the case of Balaji Electrical & Hardwares Vs State Tax Officer (ST). The very ruling has set a precedent, assuring that the […]

GST Non-payment Cannot Invoke Section 74(1)

A Non-payment of GST Cannot Instigate an Action Under Section 74(1)

Section 74(1) of the Central Goods and Services Tax Act, 2017 states that if the proper officer suspects non-payment, short payment, erroneous refund, or wrongful availing/utilization of input tax credit due to fraud, willful misstatement, or suppression of facts to evade tax, they must serve a notice to the person liable for the unpaid tax […]

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