GST
Scrutiny for FY 2024-25 under the new Sec 74A
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Facts
For tax periods from FY 2024-25 onwards, demands are raised under the new Sec 74A instead of Sec 73 and 74. Scrutiny under Sec 61 continues as before, but any demand that follows uses Sec 74A.
Provisions and law
- Sec 74A, CGST Act 2017Single demand provision for FY 2024-25 onwards, with time limits and penalties set by whether fraud is involved
- Sec 61, CGST Act 2017Proper officer may scrutinise returns, inform discrepancies and seek an explanation
- Sec 73, CGST Act 2017Demand for tax not paid or ITC wrongly availed without fraud, for periods up to FY 2023-24
Analysis
Under Sec 74A, the show cause notice for FY 2024-25 can be issued within 42 months from the annual return due date, and the order within 12 months after that. Penalty is lower where there is no fraud. Example: a non-fraud demand of Rs 3 lakh carries penalty of 10 percent of tax or Rs 10,000, whichever is higher; check the exact Sec 74A text. Resolving at scrutiny avoids all of this.
Conclusion
- Identify the financial year of each scrutiny point
- Note that demands for FY 2024-25 onwards follow Sec 74A
- Resolve as much as possible at the ASMT-10 stage
- Pay accepted amounts early to limit penalty
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Scrutiny of returns
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