9911796707
TMI BlogGeneral Provisions Relating To Determination of Tax [Section 75]X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority or Appellate Tribunal or court concludes that the notice issued u/s 74(1) is not sustainable for the reason that the charges of fraud or any wilful-misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued u/s 73(1). States that When a notice has been issued considering the case to be for fraud or for willful representation or for suppression of facts, and whereas the charges of fraud, suppression and misstatement of facts were not sustainable or not established by an order of Appellate Authority or Appellate Tribunal, then in such case the officer sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional grounds to be entertained except those mentioned in notice for confirming the demand [ Section 75(7) ] Demand order should not be more than tax along with interest and penalty, amount specified in the notice and demand should not confirmed beyond the ground specified in the notice. Modification of order by appellate authority [ Section 75(8) ] In case the decision of Tribunal/ Court/ Appellate authority modifies the amount of tax, correspondingly interest and penalty shall also be modified to that extent by the proper officer. Mandatory payment of interest [ Section 75(9) ] Interest shall be payable in all cases whether specifically mentioned or not. Adjudication proceeding deemed to be concluded if demand order not issued within tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayable, whether wholly or in part in accordance with a return furnished under section 39 shall be recovered under the provisions of section 79. self-assessed tax shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39. No penalty shall be imposed under any other provision of act [ Section 75(13) ] It is also provided that when the penalty is imposed under Section 73 or section 74 [or section 74A(7) ( w.e.f. 01.11.2024 vide N.No. 17/2024 dated 27.09.2024) Inserted vide Finance (No. 2) Act, 2024 ] that no penalties shall be imposed under any other provisions of this Act for the same act or omission. - Manuals - Ready reckoner - Law and prac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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