Author: admin_gst

Section 76
Tax collected but not paid to Government.
GST
DEMANDS AND RECOVERY
Section 76 of Central Goods And Services Tax Act, 2017
Tax collected but not paid to Government.
76. (1) Notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are tax

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b-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government.
(5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause.
(6) The proper officer shall issue an order within one year from the date of issue of the notice.
(7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year.
(8) The proper officer, in his order, shall se

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Power to make regulations.
Section 165
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Power to make regulations.
165. The Board may, by notification, make regulations cons

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Section 75
General provisions relating to determination of tax.
GST
DEMANDS AND RECOVERY
Section 75 of Central Goods And Services Tax Act, 2017
General provisions relating to determination of tax.
75. (1) Where the service of notice or issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74 2[or sub-sections (2) and (7) of section 74A], as the case may be.
(2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 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 under

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th tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing:
Provided that no such adjournment shall be granted for more than three times to a person during the proceedings.
(6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision.
(7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice.
(8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified.
(9) The interest on the tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability.
4[(10) The adjudication proceedings shall be deemed to be concluded, if

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issue of a show cause notice under the said sections.
(12) Notwithstanding anything contained in section 73 or section 74 6[or section 74A], where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79.
1[Explanation.For the purposes of this sub-section, the expression “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.]
(13) Where any penalty is imposed under section 73 or section 74 7[or section 74A], no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act.
 
 
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NOTES:-
1.
Inserted vide Section 114 of the Finance Act, 2021 w.e.f. 01-01-2022
2. 
Inserted vide S

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Section 164
Power of Government to make rules
GST
MISCELLANEOUS
Section 164 of Central Goods And Services Tax Act, 2017
Power of Government to make rules
164. (1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be,

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Section 74
Determination of tax, pertaining to the period up to Financial Year 2023-24, not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.
GST
DEMANDS AND RECOVERY
Section 74 of Central Goods And Services Tax Act, 2017
Determination of tax 2[, pertaining to the period up to Financial Year 2023-24,] not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts.
74. (1) Where it appears to the proper officer that 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, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund h

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except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice.
(5) The person chargeable with tax may, 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.
(6) 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.
(7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-sectio

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pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent. of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concluded.
3[(12) The provisions of this section shall be applicable for determination of tax pertaining to the period up to Financial Year 2023-24.]
Explanation 1.- For the purposes of section 73 and this section,-
(i) the expression “all proceedings in respect of the said notice” shall not include proceedings under section 132;
(ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under 1[sections 122 and 125] are deemed to be concluded.
4[****]
 
 
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NOTES:-
1.
Substituted vide Section 11

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Levy of fee.
Section 163
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Levy of fee.
163. Wherever a copy of any order or document is to be provided to any person on an ap

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Section 162
Bar on jurisdiction of civil courts.
GST
MISCELLANEOUS
Section 162 of Central Goods And Services Tax Act, 2017
Bar on jurisdiction of civil courts.
162. Save as provided i

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Section 73
Determination of tax, pertaining to the period up to Financial Year 2023-24, not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts.
GST
DEMANDS AND RECOVERY
Section 73 of Central Goods And Services Tax Act, 2017
CHAPTER XV
DEMANDS AND RECOVERY
Determination of tax 1[, pertaining to the period up to Financial Year 2023-24,] not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts.
73. (1) Where it appears to the proper officer that any tax has not been paid or short paid

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the time limit specified in sub-section (10) for issuance of order.
(3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax.
(4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice.
(5) The person chargeable with tax may, before serv

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hall 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.
(8) Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded.
(9) The proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and issue an order.
(10) The pro

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Section 161
Rectification of errors apparent on the face of record.
GST
MISCELLANEOUS
Section 161 of Central Goods And Services Tax Act, 2017
Rectification of errors apparent on the face of record.
161. Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the State Goods

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Section 160
Assessment proceedings, etc., not to be invalid on certain grounds.
GST
MISCELLANEOUS
Section 160 of Central Goods And Services Tax Act, 2017
Assessment proceedings, etc., not to be invalid on certain grounds.
160. (1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of

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Section 159
Publication of information in respect of persons in certain cases.
GST
MISCELLANEOUS
Section 159 of Central Goods And Services Tax Act, 2017
Publication of information in respect of persons in certain cases.
159. (1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution

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Section 158
Disclosure of information by a public servant.
GST
MISCELLANEOUS
Section 158 of Central Goods And Services Tax Act, 2017
Disclosure of information by a public servant.
158. (1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed.
(2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), no court shall, save as otherwise provided in sub-section (3), require any officer

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s occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or
(d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or
(e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or
(f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to

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company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or
(j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or
(k) any particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; or
(l) any information relating to any class of taxable persons or class of transa

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Officers to assist proper officers.
Section 72
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Central Goods And Services Tax Act, 2017
Officers to assist proper officers.
72. (1) All officers of Police, Railways, Customs, and those officers engaged in the collection of land revenue, including village officers, officers of State tax and officers of Union territory tax shall assist the proper officers in the implementation of this Act.
(2) The Government may, by notification, empower

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Protection of action taken under this Act.
Section 157
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Protection of action taken under this Act.
157. (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules ma

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Section 71
Access to business premises.
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Section 71 of Central Goods And Services Tax Act, 2017
Access to business premises.
71. (1) Any officer under this Act, authorised by the proper officer not below the rank of Joint Commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue.
(2) Every person in charge of place r

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Section 156
Persons deemed to be public servants.
GST
MISCELLANEOUS
Section 156 of Central Goods And Services Tax Act, 2017
Persons deemed to be public servants.
156. All persons dis

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Section 70
Power to summon persons to give evidence and produce documents.
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Section 70 of Central Goods And Services Tax Act, 2017
Power to summon persons to give evidence and produce documents.
70. (1) The proper officer under this Act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case

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Burden of proof.
Section 155
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Burden of proof.
155. Where any person claims that he is eligible for input tax credit under th

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Section 69
Power to arrest.
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Section 69 of Central Goods And Services Tax Act, 2017
Power to arrest.
69. (1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of central tax to arrest such person.
(2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest an

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Section 68
Inspection of goods in movement.
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Section 68 of Central Goods And Services Tax Act, 2017
Inspection of goods in movement.
68. (1) The Government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed.
(2) The details of documents required to be carried under sub-section (1) shal

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Power to take samples.
Section 154
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Power to take samples.
154. The Commissioner or an officer authorised by him may take sam

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Taking assistance from an expert.
Section 153
GST
MISCELLANEOUS
Central Goods And Services Tax Act, 2017
Taking assistance from an expert.
153. Any officer not below the rank of Assistant Commissioner may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before him.
–
Statute, statutory provisions legislation, law, enactment, Acts, Rules

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Section 67
Power of inspection, search and seizure.
GST
INSPECTION, SEARCH, SEIZURE AND ARREST
Section 67 of Central Goods And Services Tax Act, 2017
CHAPTER XIV
INSPECTION, SEARCH, SEIZURE AND ARREST
Power of inspection, search and seizure.
67. (1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that
(a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or
(b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act,

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herwise deal with the goods except with the previous permission of such officer:
Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act.
(3) The documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice.
(4) The officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which any goods, accounts, registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, b

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ficient cause being shown, be extended by the proper officer for a further period not exceeding six months.
(8) The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (2), be disposed of by the proper officer in such manner as may be prescribed.
(9) Where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed.
(10) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub

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Section 152
Bar on disclosure of information.
GST
MISCELLANEOUS
Section 152 of Central Goods And Services Tax Act, 2017
Bar on disclosure of information.
152. (1) No information 1[****] with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act 2[without giving an opportunity of being heard to the person concerned].
(2) 3[****]
(3) Nothing in this section shall apply to the publication of any informa

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Section 151
Power to call for information
GST
MISCELLANEOUS
Section 151 of Central Goods And Services Tax Act, 2017
1[Power to call for information.
151. The Commissioner or an officer authorised by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein.]
 
 
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NOTES:-
1.
Substituted vide Section 119 of

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