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RECOVERY OF TAX
RECOVERY OF TAX
2. The incidence of short payment of tax or erroneous refund 3. As can be seen from the foregoing para that for all types of
or wrong availment of Input Tax Credit may be because incidences of short payment or erroneous refund or wrong
of an inadvertent bonafide mistake (Normal Cases) or it availment of Input Tax Credit, there are incentives for the
may be a deliberate attempt (Fraud Cases) to evade the person who accepts tax liability and readily discharges the
tax. Since the nature of offence is totally different in both same. The law provides an opportunity for the payment
the incidences, hence, separate provisions for recovery of tax, interest and a nil or nominal penalty (depending
of the tax and the amount of penalty have been made on the nature of offence) before the issuance of Notice
to deal with such type of cases. Besides these, there and emphatically stipulates that in all such cases no Notice
are provisions to encourage voluntary compliance such shall be issued and consequently there shall be no other
as no penalty or lesser penalty if the tax dues along consequences for any default. However, this is not the end
with interest, are paid within the specified time limit/ of the road and there is another chance to discharge tax
incidence. The table below gives a comprehensive chart and interest liability with nil or nominal penalty (depending
of provisions for voluntary compliance: on the nature of offence) within 30 days of issuance of
the Notice and the law provides that all proceedings in
S. Action by Tax Amount Amount Remarks respect of the said Notice shall be deemed to be concluded.
No. Payer of Penalty of Penalty If it becomes inevitable to issue a show cause notice and
payable — payable — thereafter pass an Order, the GST Act ensures timely
Normal Fraud Cases completion of all these procedures by providing a fixed
Cases timeline for issuance of notice and order-as follows:
1. Tax amount, No Penalty 15% of the
The
along with the and no penalty
Tax amount S. Nature of Time for issuance of Time for issuance of
interest, paid Notice shall and no shall also No. Case Notice Order
before issuance be issued Notice shall
be not
of Notice be issuedchargeable 1. Normal Within 2 years and Within 3 years from the
in cases Cases 9 months from the due date of filing of
2. Tax amount, No 25% of due date of filing Annual Return for the
along with the Penalty. All the Tax where
Annual Return for the Financial Year to which
interest, paid proceedings amount. All the self Financial Year to which the demand pertains
within 30 days deemed proceedings assessed the demand pertains or from the date of
of issuance of to be deemed tax or any
amount or from the date of erroneous refund
Notice concluded to be erroneous refund
concluded collected
as tax is 2. Fraud Within 4 years and Within 5 years from the
3. Tax amount, 10% of the 50% of paid (with Cases 6 months from the due date of filing of
along with Tax amount the Tax interest) due date of filing of Annual Return for the
the interest, or Rs. amount. All within 30 Annual Return for the Financial Year to which
paid within 10,000/-, proceedings days from Financial Year to which the demand pertains
30 days of whichever is deemed the due the demand pertains or from the date of
communication higher to be date of or from the date of erroneous refund
of Order concluded payment erroneous refund
4. Tax amount, 10% of the 100% of the 3. Any No time limit Within one year from
along with the Tax amount Tax amount amount the date of issue of
interest, paid or Rs. collected notice
after 30 days of 10,000/-, as tax but
communication whichever is not paid
of Order higher
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GST (GOODS AND SERVICES TAX)
RECOVERY OF TAX
S. Nature of Time for issuance of Time for issuance of other amounts remain unpaid, despite these beneficial
No. Case Notice Order provisions, and the tax payer fails to pay the dues after
4. Non- No need to issue a Recovery proceedings the orders are passed and the statutory limit of 3 months
payment show cause notice can be started directly is over, then the proper officer may initiate recovery
of self- proceedings. These recovery provisions under the CGST
assessed Act, 2017 lay down a well defined procedure which is as
tax follows:
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@askGST_GoI