GST Penalty Provisions under Section 73 vs Section 74

Penalties vary significantly depending on whether the case involves bona fide errors (Section 73) or intentional fraud/suppression (Section 74).

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Quick Summary
GST penalty provisions differ under Sections 73 and 74. Section 73 covers genuine errors without fraud and usually attracts lower penalties, while Section 74 applies to fraud or suppression cases with much higher penalties. Early payment and timely response can significantly reduce penalty exposure.

Section 73 applies when tax was unpaid due to a genuine mistake, no fraud involved: the demand can be settled at 10% penalty if you pay before the notice. Section 74 is for fraud or deliberate suppression and carries 100% penalty, but even under 74, if you pay before the SCN is issued you pay zero penalty.

The key is responding quickly once you get a notice, because the penalty percentage goes up at each stage. Check the notice header carefully as it will mention which section is being invoked.

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