GST Notices

Which are the applicable sections for the purpose of recovery of tax short paid or not paid or amount erroneously refunded or input tax credit wrongly availed or utilized?

For this purpose, section 73 and 74 of the Act are applicable. Section 73 will apply when there is a recovery of tax which is short paid or not paid, as well as any amount that is erroneously refunded or any input tax credit wrongly availed when done for any reason apart from fraud, misstatement, or suppressing facts. However, if the underlying purpose is suppression of facts, fraud, and mis-statements, then section 74 will apply.

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