Quick Summary
In exercise of powers conferred under section 168 of KSGST Act 2017, the following circular instructions are issued to bring out uniformity in issuing notices while proceeding under section 73 and section 74. Section 73 of the Kerala State Goods and Services Tax Act/Central Goods and Services Tax
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FAQ :
The new guidelines aim to bring uniformity and clarity in issuing notices under Sections 73 and 74 of the GST Act, ensuring a consistent approach to tax proceedings.
Section 73 covers the determination of tax not paid, short-paid, or wrongly refunded for reasons other than fraud, while Section 74 addresses similar situations arising from fraud, wilful misstatement, or suppression of facts.
No, the guidelines state that separate notices must be issued to the taxpayer under each section for the respective subject matters. Matters falling under Section 73 should be in one notice, and matters pertaining to Section 74 should be in a separate notice.
Issuing separate notices is crucial for the operationalisation of subsequent adjudication and closure provisions under each section, as these processes are independent and should not be combined.
The JC Intelligences who approve investigation reports, the audit monitoring committee, and the proper officer in Taxpayer Services are required to clearly delineate the subject matters between Sections 73 and 74.
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