Answer

GST

Reduced penalty options in a Sec 74 case

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  1. Facts

    Sec 74 gives three windows: pay tax, interest and 15 percent penalty before the notice; pay tax, interest and 25 percent penalty within 30 days of the notice; or pay tax, interest and 50 percent penalty within 30 days of the order. Otherwise penalty equals the tax.

  2. Provisions and law

    • Sec 74, CGST Act 2017Demand where fraud, wilful misstatement or suppression is alleged, for periods up to FY 2023-24
    • Rule 142(3), CGST Rules 2017DRC-05 intimation that proceedings are concluded after full payment
  3. Analysis

    On tax of ₹10,00,000, penalty is ₹2,50,000 if paid within 30 days of the notice, against ₹10,00,000 if you lose after a full fight. If your defence is strong, contest. If records are weak, the early payment option may be the cheaper path.

  4. Conclusion

    1. Assess the strength of your defence
    2. Compute cost at each window
    3. Pay through DRC-03 linked to the notice if you choose to settle
    4. Track DRC-05 for closure

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Show cause notice under Sec 73, 74 or 74A and DRC-06 reply

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