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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 609 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 2664 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 2016 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 29271 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 1728 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 36579 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 7047 Views 0 comment Print


Latest Judiciary


Negligence of bank in presenting cheque within validity period is deficiency in service: Compensation payable

Corporate Law : Supreme Court held that negligence on part of bank in presentation of cheque within the validity period of cheque leads to ‘defi...

April 17, 2026 96 Views 0 comment Print

No Interest on Reversed ITC If Credit Not Utilised: Orissa HC Clarifies Section 50

Goods and Services Tax : The case clarifies that Section 74 requires clear evidence of fraud or wilful suppression. Mere reliance on third-party alerts wit...

April 14, 2026 348 Views 0 comment Print

Delhi HC Set Aside ITC Demand Due to Lack of Specific Findings on Supplier Tax Payment

Goods and Services Tax : The Court held that denial of input tax credit cannot be sustained without clear findings that suppliers failed to pay tax. The ma...

April 14, 2026 183 Views 0 comment Print

Pigmy agents are employees of Bank and not business facilitators hence no GST leviable on commission

Goods and Services Tax : Karnataka High Court held that pigmy agents employed by the Bank can never be treated as business facilitators and qualifies as em...

April 13, 2026 327 Views 0 comment Print

DRC-01 Summary Cannot Replace Show Cause Notice Under GST Law: Gauhati HC

Income Tax : The Court held that a summary in Form DRC-01 cannot substitute a proper show cause notice under Section 73. Proceedings initiated ...

March 18, 2026 519 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 27498 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 777 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 8043 Views 0 comment Print


Any company whose principal business is banking or granting of loans and advances will not be attracted by explanation to section 73 of the IT Act, 1961

January 4, 2010 2681 Views 0 comment Print

. In view of the above decision, the company whose principal business is that of granting of loans and advances, may earn a comparatively high income from some other activity in a particular year, merely because the income/loss from share trading in the year under consideration is higher than the interest income,

Losses could not be ignored in determining the applicability of exception clause of Explanation to section 73

October 8, 2009 579 Views 0 comment Print

Section 254 of the Income-tax Act, 1961 – Appellate Tribunal – Powers of – Assessment year 1996-97 -Whether though Tribunal is not akin to a Court but functions discharged by it are similar to a Court, and, hence, in addition to its expressed statutory powers it has got inherent power to pass such orders as may be necessary for ends of justice – Held, yes –

If part of company business is deal in shares then all types of transactions, whether delivery based or non-delivery based, will be treated as speculative transactions

August 24, 2009 1140 Views 0 comment Print

Admittedly, the assessee company was dealing in Cement and also engaged in the business of dealing in shares. There is no dispute over the fact that the assessee had taken delivery of shares before selling them. The assessee company had claimed set off of unabsorbed speculation loss relating to assessment year 1995-96 and 1997-98 carried forward in the current assessment year 2003-04.

If ST 3 returns and CENVAT credit returns are filed, then department cannot ask for tax beyond 1 year

August 11, 2009 2294 Views 0 comment Print

T.K. Jayaraman, Technical Member. – This appeal has been filed against the Adjudication Order No. 15/2007 (VR), dated 17-5-2007 passed by the Commissioner of Central Excise & Customs, Visakhapatnam-II Commissionerate. 2. Shri MSV Prasad, the learned Advocate, appeared on behalf of the appellants and Ms. Sudha Koka, the learned SDR for the revenue.

Nature of Loss Suffered By a Share Broking Company in Trading Of Shares

December 8, 2008 2605 Views 0 comment Print

BLK Securities Pvt. Ltd. v. ITO The assessee company shall, for the purpose of section 73 of the IT Act, be deemed to be carrying on a speculation business to the extent to which its business consists of the purchase and sale of shares of other companies; thus, the loss incurred in purchase and sale of shares of other companies shall be deemed to be a speculation loss.

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