Whether can notice under section 74 be issued for tax liability already declared in GSTR 9 ?
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Quick Summary
This discussion examines whether a Section 74 notice, concerning tax evasion through fraud or wilful misstatement, can be issued after a company has already filed its GSTR 9 annual return. Section 74 outlines the conditions under which a proper officer can issue such a notice, requiring it to be served at least six months before the time limit for issuing an order.
As per section 74, where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts to evade tax, he shall serve show cause notice to the person under sub section(1) at least six months prior to the time limit specified in section 10 for issue of order.