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Indirect Taxation
Kindly provide solution for the attached question. As per my view, according to Section 73(10) if a person receives a notice after 2 years and 9 months from the year of input tax credit wrongly availed. i) Invalid, since SCN is received(23-03-23) after 3 years from the due date(31-12-19) of annual return filing for FY(18-19). ii) date of filing is irrelevant, SCN is invalid. iii) No demand assessee need to pay. Kindly clarify in the attached case.
Answers (6)
Shiva Teja Faculty
If this is the first notice received and received after the time limit then the notice shall be time barred.
the demand is also no need to pay by assessee and no proceedings can be taken by proper officer.. right sir?
Thread Starter
Aswath Natarajanthe demand is also no need to pay by assessee and no proceedings can be taken by proper officer.. right sir?
But the practical problem is that PO will take action under Section 61 i..e., Scrutiny of returns and conduct BJA if assessee does not respond.
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