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TMI BlogLiability Disclosed in Annual Return but not paidX X X X Extracts X X X X X X X X Extracts X X X X ..... Liability Disclosed in Annual Return but not paid X X X X Extracts X X X X X X X X Extracts X X X X ..... ly: Refer Sec 49(8) it says at clause (a) that the taxpayer shall pay tax which is due in return of previous periods. It mentions at (c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74. In my view, the above provision overrides sec 73 and 74 as it mentions that tax shall be paid that is due for past period includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing tax determined u/s 73 and 74. Reply By KASTURI SETHI: The Reply: (i) In this scenario, Section 79 comes into play. Under Section 79 of CGST Act Govt. has vast powers to recover Govt. dues which are declared /admitted in GST returns. (ii) When any Govt. dues are admitted in GST Returns, the registered person is statutorily bound to deposit Govt. dues on its own or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same will be recovered by the Proper Officer as per the procedure laid down under Section 79 of CGST Act, 2017 read with Rules 143, 144, 145, 146, 147, 155 and 156 of CGST Rules, 2017 . Such admitted and declared Govt. dues can be recovered without any time limit. (iii) Limitation period laid down in Section 73 and 74 is not applicable to the instant case. (iv) Section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 corresponds to Section 87 of erstwhile Finance Act, 1994 (Service Tax law) X X X X Extracts X X X X X X X X Extracts X X X X
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