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Unified GST Recovery Framework Introduced as Section 74A Merges Fraud & Non-Fraud Cases

Goods and Services Tax : Section 74A replaces the earlier Sections 73 and 74, creating a unified framework for tax recovery in cases of short payment, erro...

March 6, 2026 876 Views 0 comment Print

Fraudulent ITC & Fake Invoices under GST: Applicability of Sections 73, 74, 122 & 132

Goods and Services Tax : This case explains situations where ITC is availed and utilised without receipt of goods or services. The ruling clarifies that su...

February 7, 2026 4275 Views 0 comment Print

Section 74 & Mechanical Adjudication Culture In GST: A Call For Judicial Intervention

Goods and Services Tax : Highlights how authorities routinely invoke Section 74 without evidence of fraud and explains courts’ stance that such notices a...

November 21, 2025 2328 Views 0 comment Print

GST DRC-01A: Intimations Under Sections 73, 74, 74A

Goods and Services Tax : Understand the process of GST intimation in Form DRC-01A, issued for tax discrepancies. Learn about the parts of DRC-01A, applicab...

September 1, 2025 31563 Views 2 comments Print

No Time Extension for GST Orders Under Section 73(9) Without Force Majeure

Goods and Services Tax : Calcutta High Court stays a GST order, citing no force majeure for time limit extension under Section 73(9) of the CGST Act for FY...

June 19, 2025 2127 Views 0 comment Print


Latest News


Section 74 GST Notices For Small Value Demands Beyond Section 73 Limitation

Goods and Services Tax : KSCAA represents to the Finance Minister on the misapplication of GST Section 74 notices for small demands, urging restriction to ...

July 29, 2025 36831 Views 0 comment Print

Representation on GST Challenges related to Section 128A & 16(4) ITC Disallowance

Goods and Services Tax : KSCAA highlights practical GST challenges in Sec 128A & Sec 16(4), urging clarifications on appeals, ITC, interest waivers, and mu...

December 17, 2024 7113 Views 0 comment Print


Latest Judiciary


GST SCN Invalid as Multiple Assessment Years Were Clubbed: Madras HC

Goods and Services Tax : The Madras High Court held that clubbing five assessment years in a single GST show cause notice is contrary to Section 73 of the ...

July 2, 2026 174 Views 0 comment Print

GST Assessment Invalid if Section 74 Notice Was not Issued: Madras HC

Goods and Services Tax : The Madras High Court held that an order under Section 74 cannot be passed when the notice was issued under Section 73. The matter...

June 30, 2026 333 Views 0 comment Print

CESTAT Upholds CENVAT Credit as Service Tax Was Paid Before Credit Was Availed

Service Tax : CESTAT Kolkata held that the respondent had paid the Service Tax before availing CENVAT credit on the disputed invoices. Finding n...

June 28, 2026 99 Views 0 comment Print

Promissory Note Decree Restored as Handwriting Expert Opinion Was Not Mandatory

Corporate Law : The Madras High Court held that courts are empowered under Section 73 of the Evidence Act to compare disputed and admitted signatu...

June 27, 2026 114 Views 0 comment Print

Service Tax Demand Quashed as Form 26AS Alone Cannot Establish Tax Liability

Service Tax : The Gauhati High Court held that the extended limitation under Section 73 cannot be invoked without specific findings of fraud, su...

June 27, 2026 474 Views 0 comment Print


Latest Notifications


GST: Section 128A Clarifications on Waiver of interest and penalties

Goods and Services Tax : New GST circular clarifies payment via GSTR-3B for Section 128A benefits, and appeal withdrawals for mixed period demands....

March 27, 2025 27861 Views 1 comment Print

Kerala SGST Act: Interest & Penalty Waiver Guidelines

Goods and Services Tax : Learn about the Kerala SGST Act's interest and penalty waiver under Section 128A, eligibility, application process, and compliance...

March 15, 2025 930 Views 0 comment Print

Clarification on Separate Sections 73 & 74 GST Notices to Same Taxpayer

Goods and Services Tax : Kerala SGST issues guidelines on issuing separate notices for Sections 73 and 74. Ensures clarity and uniformity in handling GST d...

January 20, 2025 8259 Views 0 comment Print


SC Notice on SLP Challenging Extension of Limitation under CGST Act

February 25, 2025 5202 Views 0 comment Print

The Supreme Court issues notice on a plea challenging GST notifications extending limitation for adjudication under Section 73 of the CGST Act.

Calcutta HC Declines Writ Petition, Cites Appeal Mechanism Under Section 107 CGST Act

February 22, 2025 273 Views 0 comment Print

Calcutta High Court dismissed a plea challenging an SCN under the CGST Act, citing availability of a statutory appeal remedy under Section 107.

Interest leviable on Ineligible ITC Transitioned from Pre-GST Regime; Penalty u/s 74(1) Set Aside

February 20, 2025 1317 Views 0 comment Print

Assessee clarified that Form ST-3 was incorrect as some of the invoices inadvertently remained unaccounted for the said period and the correct amount of credit was carried forward in Form TRAN-1.

Summary Issuance of SCN Not Considered Proper Under Section 73 of CGST Act

February 17, 2025 1677 Views 0 comment Print

Gauhati High Court held that issuance of summary of the Show Cause Notice [SCN] doesn’t dispense with requirement of issuance of proper notice as per mandate of Section 73 of the Central Goods and Services Tax Act. Accordingly, order set aside and writ allowed.

Notice Issued Beyond Section 73(2) Time Limit is Invalid: Andhra Pradesh HC

February 13, 2025 3192 Views 0 comment Print

Andhra Pradesh High Court held that time permit set out under section 73(2) of the Central Goods and Services Tax Act [CGST Act] is mandatory and any violation of that time period renders show cause notice bad-in-law.

Notice for evasion of GST by DGGI can be adjudicated by competent authority of GST

February 13, 2025 1341 Views 0 comment Print

Gujarat High Court held that the show cause notice issued for evasion of GST by DGGI shall be adjudicated by competent authority. Thus, there is no inherent lack of jurisdiction of competent authority. Hence, writ not entertained.

Jurisdiction under Section 73 CGST requires compliance with Section 61 CGST: Rajasthan HC

February 11, 2025 1401 Views 0 comment Print

Petitioner runs a hotel and registered under GST. It was issued a notice in GST ASMT-10 intimating certain discrepancies which stated that the petitioner had availed ITC which was not available to him as per Section 17(5) of the RGST.

Depreciation u/s. 32 is entitled only if asset is owned by assessee: ITAT Hyderabad

February 8, 2025 765 Views 0 comment Print

The assessee is into development and construction of a project. The case was selected for scrutiny and AO issued notices u/s 142(1) and 143(2) of the Act, calling for certain details.

SCN u/s 73 (1) is mandatory and summary in GST DRC 01 cannot substitute SCN: Gauhati HC

February 8, 2025 987 Views 0 comment Print

In the matter abovementioned HC quashed the impugned order after observing that no proper and prior SCN u/s 73 (1) of AGST was issued along with the Summary of Show Cause Notice in Form GST DRC-01.

Application for ordering liquidation of Go Airlines (India) Limited allowed

February 1, 2025 501 Views 0 comment Print

It was held that CoC in the legislative scheme was empowered to take decision to liquidate the Corporate Debtor, any time after its constitution and before confirmation of the resolution plan.

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