GST
Which section applies: 73, 74 or 74A
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
Sec 74A, added by the Finance (No. 2) Act 2024, applies to demands for FY 2024-25 onwards, whether or not fraud is alleged. Sec 73 (non-fraud) and Sec 74 (fraud) apply to periods up to FY 2023-24.
Provisions and law
- Sec 74A, CGST Act 2017Single demand provision for FY 2024-25 onwards, with separate penalties for fraud and non-fraud cases
- Sec 73, CGST Act 2017Demand where tax is short paid or ITC wrongly taken without fraud, for periods up to FY 2023-24
- Sec 74, CGST Act 2017Demand where fraud, wilful misstatement or suppression is alleged, for periods up to FY 2023-24
Analysis
If your notice is for FY 2024-25 and cites Sec 73, it is under the wrong section, which is a point to raise. Under 74A, the penalty depends on whether fraud is alleged, so read the notice for that. Time limits and payment benefits differ too.
Conclusion
- Check the period in the notice.
- Confirm the section matches the period.
- See whether fraud or suppression is alleged.
- Plan reply and payment based on the right section.
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