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....
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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 .
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