Answer

GST

Time limits under Sec 74A from FY 2024-25

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  1. Facts

    Under Sec 74A, a notice must be issued within 42 months from the due date of the annual return for the year, and the order within 12 months of the notice, extendable by up to six months with approval.

  2. Provisions and law

    • Sec 74A, CGST Act 2017Single demand provision for FY 2024-25 onwards, fraud and non-fraud cases
  3. Analysis

    For FY 2024-25, with the annual return due on 31 December 2025, a notice can be issued up to 30 June 2029. The order must follow within 12 months, or 18 with extension. The same limit applies whether fraud is alleged or not; the difference is in penalty.

  4. Conclusion

    1. Find the annual return due date for the year
    2. Add 42 months for the notice limit
    3. Track 12 months from the notice for the order
    4. Raise limitation if either limit is missed

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

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