GST

Which section applies: 73, 74 or 74A

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Find

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

Sec 74A, CGST Act 2017; Sec 73, CGST Act 2017; Sec 74, CGST Act 2017

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.

Close

  1. Check the period in the notice.
  2. Confirm the section matches the period.
  3. See whether fraud or suppression is alleged.
  4. Plan reply and payment based on the right section.

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