Answer

GST

Sec 74A penalty on early payment of fake ITC demand

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    For FY 2024-25 onwards, Sec 74A decides penalty. If paid with interest before the notice, there is no penalty in non-fraud cases and 15 percent in fraud cases; later payment stages carry higher reduced penalties.

  2. Provisions and law

    • Sec 74A, CGST Act 2017For FY 2024-25 onwards, one procedure for demands: notice within 42 months of the annual return due date, order within 12 months of the notice; penalty depends on whether fraud is alleged.
    • Sec 74A(8), CGST Act 2017Under Sec 74A, paying tax and interest before the notice means no penalty in non-fraud cases; in fraud cases a 15 percent penalty is also paid.
  3. Analysis

    Suppose ₹10 lakh ITC is alleged to be wrongly taken through fraud. Paying ₹10 lakh plus interest before the notice adds a penalty of ₹1.5 lakh. After the notice, within the time allowed, the penalty rate is higher, and after the order it rises again. If you have a genuine defence, weigh it against these savings with advice.

  4. Conclusion

    1. Confirm the period and whether Sec 74A or Sec 74 applies.
    2. Compute tax, interest and penalty at each stage.
    3. Weigh the strength of your evidence.
    4. If paying, use DRC-03 and inform the officer, linking via DRC-03A if a demand exists.

A Savvy can do this for you

Reply to fake ITC notice when a supplier is found non-existent, Sec 16(2)(c)

Quote

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask