•section 74A.
•Determination of
•tax not paid or
•short paid or
•erroneously
•refunded or
•input tax credit
•wrongly availed
•or utilised for
•any reason
•pertaining to
•Financial Year
•2024-25
onwards.
•6
•Provided that where the proper officer is not able to issue the order
•within the specified period, the Commissioner, or an officer authorised by the
•Commissioner senior in rank to the proper officer but not below the rank of
•Joint Commissioner of State Tax, may, having regard to the reasons for delay
•in issuance of the order under sub-section (6), to be recorded in writing, before
•the expiry of the specified period, extend the said period further by a maximum
•of six months.
(8)The person chargeable with tax where any tax has not been paid or
•short paid or erroneously refunded, or where input tax credit has been wrongly
•availed or utilised for any reason, other than the reason of fraud or any wilful
•misstatement or suppression of facts to evade tax, may,––
(i)before service of notice under sub-section (1), pay the amount of
•tax along with interest payable under section 50 of such tax on the basis
•of his own ascertainment of such tax or the tax as ascertained by the proper
•officer and inform the proper officer in writing of such payment, and the
•proper officer, on receipt of such information shall not serve any notice
•under sub-section (1) or the statement under sub-section (3), as the case
•may be, in respect of the tax so paid or any penalty payable under the
•provisions of this Act or the rules made thereunder;
•(ii) pay the said tax along with interest payable under section 50
•within sixty days of issue of show cause notice, and on doing so, no
•penalty shall be payable and all proceedings in respect of the said notice
•shall be deemed to be concluded.
(9)The person chargeable with tax, where any tax has not been paid or
•short paid or erroneously refunded or where input tax credit has been wrongly
•availed or utilised by reason of fraud, or any wilful misstatement or
•suppression of facts to evade tax, may,―
(i)before service of notice under sub -section (1), pay the amount
•of tax along with interest payable under section 50 and a penalty
•equivalent to fifteen per cent. of such tax on the basis of his own
•ascertainment of such tax or the tax as ascertained by the proper officer
•and inform the proper officer in writing of such payment, and the proper
•officer, on receipt of such information, shall not serve any notice under
•sub-section (1), in respect of the tax so paid or any penalty payable under
•the provisions of this Act or the rules made thereunder;
•(ii) pay the said tax along with interest payable under section 50
•and a penalty equivalent to twenty-five per cent. of such tax within sixty
•days of issue of the notice, and on doing so, all proceedings in respect of
•the said notice shall be deemed to be concluded;
•(iii) pay the said tax along with interest payable thereon under