TIME LIMIT FOR ISSUANCE OF NOTICE AND ORDER
| Financial Year | Extended or Original Date of GSTR-9 | Section 73 – Time limit to issue SCN | Section 73 – Time limit to pass Order | Section 74 – Time limit to issue SCN | Section 74 – Time limit to pass Order | Section 74A – Time limit to issue SCN | Section 74A – Time limit to pass Order |
|---|---|---|---|---|---|---|---|
| 2017-18 | 5-Feb-20 | 30-Sep-23 | 31-Dec-23 | 5-Aug-24 | 5-Feb-25 | NA | NA |
| 2018-19 | 31-Dec-20 | 31-Jan-24 | 30-Apr-24 | 30-Jun-25 | 31-Dec-25 | NA | NA |
| 2019-20 | 31-Mar-21 | 31-May-24 | 31-Aug-24 | 30-Sep-25 | 31-Mar-26 | NA | NA |
| 2020-21 | 28-Feb-22 | 30-Nov-24 | 28-Feb-25 | 31-Aug-26 | 28-Feb-27 | NA | NA |
| 2021-22 | 31-Dec-22 | 30-Sep-25 | 31-Dec-25 | 30-Jun-27 | 31-Dec-27 | NA | NA |
| 2022-23 | 31-Dec-23 | 30-Sep-26 | 31-Dec-26 | 30-Jun-28 | 31-Dec-28 | NA | NA |
| 2023-24 | 31-Dec-24 | 30-Sep-27 | 31-Dec-27 | 30-Jun-29 | 31-Dec-29 | NA | NA |
| 2024-25 | 31-Dec-25 | NA | NA | NA | NA | 30-Jun-29 | 30-Jun-30* |
| 2025-26 | 31-Dec-26 | NA | NA | NA | NA | 30-Jun-30 | 30-Jun-31* |
| 2026-27 | 31-Dec-27 | NA | NA | NA | NA | 30-Jun-31 | 30-Jun-32* |
* Order period can further be extended by 6 months by Commissioner not below rank of Joint Commissioner.
EXCEPTIONS TO TIME LIMITS UNDER SECTION 73/74/74A
Section 76: No time limit if tax is collected but not paid.
Court/Tribunal Stay: Stay period is excluded from limitation.
Erroneous Refund: 3/5 years counted from refund order date, not GSTR-9 due date.
Section 76: No time limit if tax is collected but not paid.
Court/Tribunal Stay: Stay period is excluded from limitation.
Erroneous Refund: 3/5 years counted from refund order date, not GSTR-9 due date.
GST PENALTY UNDER SECTION 73, 74 & 74A
| Action by Taxpayer | Section 73 | Section 74 | Section 74A(8) (Non-fraud) | Section 74A(9) (Fraud / Suppression) |
|---|---|---|---|---|
| Paid before SCN | No penalty | 15% of tax | No Penalty & No SCN | 15% of tax |
| Paid within prescribed time after SCN | No penalty (within 30 days) | 25% of tax (within 30 days) | No penalty (within 60 days) | 25% of tax (within 60 days) |
| Paid within prescribed time after Order | 10% of tax or ₹10,000, whichever higher (within 30 days) | 50% of tax (within 30 days) | 10% of tax or ₹10,000, whichever higher (within 60 days) | 50% of tax (within 60 days) |
| Paid after prescribed time of Order | 10% of tax or ₹10,000, whichever higher | 100% of tax | 10% of tax or ₹10,000, whichever higher | 100% of tax |
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