Where it appears to the proper officer that any tax has not
been paid or short paid or erroneously refunded, or where input tax
credit has been wrongly availed or utilised for any reason, other than
the reason of fraud or any wilful misstatement or suppression of facts
to evade tax, he shall serve notice on the person chargeable with tax
which has not been so paid or which has been so short paid or to
whom the refund has erroneously been made, or who has wrongly
availed or utilised input tax credit, requiring him to show cause as to
why he should not pay the amount specified in the notice along with
interest payable thereon under section 50 and a penalty leviable
under the provisions of this Act or the rules made thereunder.
(2) The proper officer shall issue the notice under sub -section (1) at
least three months prior to the time limit specified in sub-section (10)
for issuance of order.
(3) Where a notice has been issued for any period under sub-section
(1), the proper officer may serve a statement, containing the details
of tax not paid or short paid or erroneously refunded or input tax
credit wrongly availed or utilised for such periods other than those
covered under sub-section (1), on the person chargeable with tax.
(4) The service of such statement shall be deemed to be service of
notice on such person under sub-section (1), subject to the condition
that the grounds relied upon for such tax periods other than those
covered under sub-section (1) are the same as are mentioned in the
earlier notice.
(5) The person chargeable with tax may, before service of notice
under sub-section (1) or, as the case may be, the statement under
sub-section (3), pay the amount of tax along with interest payable
thereon under section 50 on the basis of his own ascertainment of
such tax or the tax as ascertained by the proper officer and inform
the proper officer in writing of such payment.
(6) The proper officer, on receipt of such information, shall not serve
any notice under sub -section (1) or, as the case may be, the
statement under sub-section (3), in respect of the tax so paid or any
penalty payable under the provisions of this Act or the rules made
thereunder.
(7) Where the proper officer is of the opinion tha t the amount paid
under sub-section (5) falls short of the amount actually payable, he
shall proceed to issue the notice as provided for in sub-section (1) in
respect of such amount which falls short of the amount actually
payable.
(8) Where any person cha rgeable with tax under sub -section (1) or
sub-section (3) pays the said tax along with interest payable under
section 50 within thirty days of issue of show cause notice, no penalty
shall be payable and all proceedings in respect of the said notice shall
be deemed to be concluded.
(9) The proper officer shall, after considering the representation, if
any, made by person chargeable with tax, determine the amount of
tax, interest and a penalty equivalent to ten per cent.of tax or ten
thousand rupees, whicheve r is higher, due from such person and
issue an order.
(10) The proper officer shall issue the order under sub -section (9)
within three years from the due date for furnishing of annual return
for the financial year to which the tax not paid or short paid or input
tax credit wrongly availed or utilised relates to or within three years
from the date of erroneous refund.
(11) Notwithstanding anything contained in sub -section (6) or sub -
section (8), penalty under sub-section (9) shall be payable where any
amount of self-assessed tax or any amount collected as tax has not
been paid within a period of thirty days from the due date of payment
of such tax.
Determination of tax not paid or short paid or erroneously refunded
or input tax credit wrongly availed or utili sed by reason of fraud or
any wilful misstatement or suppression of facts.-
Section 73 • THE ASSAM GOODS AND SERVICES TAX ACT, 2017
Section 73.(1). 1
assam-goods-and-services-tax-act-2017-sec-73.json
•
Section 73
{
"act_title": "THE ASSAM GOODS AND SERVICES TAX ACT, 2017",
"act_slug": "assam-goods-and-services-tax-act-2017",
"section_label": "Section",
"section": {
"number": "73",
"title": "Section 73.(1). 1",
"chapter": null,
"content": "Where it appears to the proper officer that any tax has not \nbeen paid or short paid or erroneously refunded, or where input tax \ncredit has been wrongly availed or utilised for any reason, other than \nthe reason of fraud or any wilful misstatement or suppression of facts \nto evade tax, he shall serve notice on the person chargeable with tax \nwhich has not been so paid or which has been so short paid or to \nwhom the refund has erroneously been made, or who has wrongly \navailed or utilised input tax credit, requiring him to show cause as to \nwhy he should not pay the amount specified in the notice along with \ninterest payable thereon under section 50 and a penalty leviable \nunder the provisions of this Act or the rules made thereunder. \n(2) The proper officer shall issue the notice under sub -section (1) at \nleast three months prior to the time limit specified in sub-section (10) \nfor issuance of order. \n(3) Where a notice has been issued for any period under sub-section \n(1), the proper officer may serve a statement, containing the details \nof tax not paid or short paid or erroneously refunded or input tax \ncredit wrongly availed or utilised for such periods other than those \ncovered under sub-section (1), on the person chargeable with tax. \n(4) The service of such statement shall be deemed to be service of \nnotice on such person under sub-section (1), subject to the condition \nthat the grounds relied upon for such tax periods other than those \ncovered under sub-section (1) are the same as are mentioned in the \nearlier notice. \n(5) The person chargeable with tax may, before service of notice \nunder sub-section (1) or, as the case may be, the statement under \nsub-section (3), pay the amount of tax along with interest payable \nthereon under section 50 on the basis of his own ascertainment of \nsuch tax or the tax as ascertained by the proper officer and inform \nthe proper officer in writing of such payment. \n(6) The proper officer, on receipt of such information, shall not serve \nany notice under sub -section (1) or, as the case may be, the \nstatement under sub-section (3), in respect of the tax so paid or any \npenalty payable under the provisions of this Act or the rules made \nthereunder. \n(7) Where the proper officer is of the opinion tha t the amount paid \nunder sub-section (5) falls short of the amount actually payable, he \nshall proceed to issue the notice as provided for in sub-section (1) in \nrespect of such amount which falls short of the amount actually \npayable. \n(8) Where any person cha rgeable with tax under sub -section (1) or \nsub-section (3) pays the said tax along with interest payable under \nsection 50 within thirty days of issue of show cause notice, no penalty \nshall be payable and all proceedings in respect of the said notice shall \nbe deemed to be concluded. \n(9) The proper officer shall, after considering the representation, if \nany, made by person chargeable with tax, determine the amount of \ntax, interest and a penalty equivalent to ten per cent.of tax or ten \nthousand rupees, whicheve r is higher, due from such person and \nissue an order. \n(10) The proper officer shall issue the order under sub -section (9) \nwithin three years from the due date for furnishing of annual return \nfor the financial year to which the tax not paid or short paid or input \ntax credit wrongly availed or utilised relates to or within three years \nfrom the date of erroneous refund. \n(11) Notwithstanding anything contained in sub -section (6) or sub -\nsection (8), penalty under sub-section (9) shall be payable where any \namount of self-assessed tax or any amount collected as tax has not \nbeen paid within a period of thirty days from the due date of payment \nof such tax. \nDetermination of tax not paid or short paid or erroneously refunded \nor input tax credit wrongly availed or utili sed by reason of fraud or \nany wilful misstatement or suppression of facts.-",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
"prev_section": "75",
"next_section": "74"
}