Section 74 proceedings require audit-based material supporting wilful suppression, while statutory appeals generally displace writ review of merits.
Case-Laws
GST
Section 74 proceedings for audit-detected GST non-payment or short payment require the proper officer to identify the applicable statutory provision and disclose material supporting satisfaction regarding wilful suppression. A show-cause notice may rely on audit findings, the final audit report and allegations that defaults would otherwise have remained undetected; sufficiency of that satisfaction is not ordinarily examined in writ jurisdiction. Where the notice discloses no jurisdictional error or non-application of mind, an efficacious statutory appeal generally precludes writ review of the merits of an order-in-original. Merits may instead be pursued through the statutory appellate remedy.
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