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Section 73 vs 74(5)

Others 349 views 1 replies
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....
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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