TIME LIMIT FOR ISSUE NOTICE U/S 122

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..... TIME LIMIT FOR ISSUE NOTICE U/S 122
Query (Issue) Started By: - ajay chharia Dated:- 5-4-2025 Last Reply Date:- 6-4-2025 Goods and Services Tax - GST
Got 5 Replies
GST
SIR, IS THERE ANY TIME LIMIT FOR ISSUING NOTICE U/S 122 OF THE CGST ACT,2017 Reply By Sadanand Bulbule: The Reply: There is no time limit fixed to levy penalty under Section 122. However incontrovertible evidence is .....

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..... required to be placed on record to allege the commission of specific offence before issuing SCN. And this alone decides the precise amount of penalty to be levied for the gravity of each offence. Further there is immunity from levying penalty under Section 75(13) and explanation-ii appended to Section 74 and Section 74A. Reply By KASTURI SETHI: The Reply: Sh.Sadanand Bulbule Ji,     & .....

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..... nbsp;                      Sir,   In a few words, your message is loud and clear. Reply By Shilpi Jain: The Reply: Penalty under law needs to be demanded by issuance of SCN u/s 73 or 74. So the time lines mentioned in those sections should apply for penalty under 122 also. Reply By Shilpi Jain: The Reply: Logically department can .....

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..... not have unlimited time to demand anything. Though an exception would be any amount collected as GST and not remitted.  Reply By Sadanand Bulbule: The Reply: As already mentioned, once the proceedings under Section 73, 74 and 74A are concluded, no penalty could be levied under Section 122 in view of the specific embargo under Section 75(13) on the same taxpayer. However Section 122 can be e .....

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..... nlarged to other offences subject to other governing provisions.
Discussion Forum - Knowledge Sharing .....

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