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No proceedings under sec. 74 if assessee cleared all tax liability along with interest prior to issuance of SCN: HC
THE HON’BLE TELANGANA HIGH COURT IN THE CASE OF RAYS POWER INFRA PRIVATE LIMITED V/s SUPERINTENDENT OF CENTRAL TAX, decided on 28-2-2024
👉 Issue:-
✔️ Can show cause proceedings under section 74 is justified if assessee cleared entire tax liability along with interest?
👉 The Hon’ble High Court Judgement:-
✔️ Where during GST audit certain discrepancies were pointed out by audit team and assessee immediately cleared entire tax liability along with interest, initiating show cause proceedings under section 74 thereafter and passing of impugned order confirming demand was in excess of jurisdiction and same was to be set aside.
Section 73, read with section 74, of Central Goods And Services Tax Act, 2017
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