DGGI Department of GST has conducted search procedure on one of my client, under sub section (2) of section 67 of the act,
Client has not paid GST for 7 months, but collected gst on sales.
now after search procedure , my client has paid all gst dues with late fees.
now DGGI has oraly instructed us to pay panelty u/s 74(5) as party has made suppression , fraud intention, but my view is client has not did any fraud, and he is fall under section 73 to pay panelty. please suggest....
Section 73 vs 74(5)
Replies (1)
When Inspection is carry out under Section 67(1)(2) of CGST Act , it's being reason to believe by proper officer that the assesse has suppress any transaction, information with intent to evade Tax .Hence in this case penalty & interest is invoked under section 74 only .
Recent Topics :
- Bill-to-ship-to material at client site, project c
- Export previously now to be considered domestic sa
- Pan surrender via online
- EPFO Portal Issue – Unable to Save Employee
- Plant & Machinary
- ITC reversal after supplier amended the recipient
- GIFTS TO USEFUL CONTACTS ON FESTIVALS INCOME TAX
- INTEREST ON REFUND OF TDS
- Input tax claim related
- User not found in MCA portal
Related Topics :
CAclubindia
