9911796707
TMI BlogDetermination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful-misstatement or suppression of factsX X X X Extracts X X X X X X X X Extracts X X X X ..... sly refunded or input tax credit wrongly availed or utilized by reason of fraud or any willful-misstatement or suppression of facts (1) Where any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilized by reason of fraud, or any willful-misstatement or suppression of facts to evade tax, the proper officer shall serve notice on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized for such periods other than those covered under sub-section (1), on the person chargeable with tax. The service of such statement shall be deemed to be service of notice on such person under the sub-section (1), subject to the condition that the grounds relied upon for such periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (4) The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort 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. (6) Where any person chargeable with tax under sub-section (1) or under subsection (3) pays the said tax along with interest payable under section 45 and a penalty equivalent to twenty five per cent of such tax wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 and a penalty equivalent to fifty percent of such tax within thirty days of the communication of order, all proceedings in respect of the said tax shall be deemed to be concluded. Explanation . - The expression suppression shall mean non-declaration of facts or information which a taxable person is statutorily required to declare in the return, statement, report or any other document fur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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