Due dates for issuance of SCN and Orders

 The Finance Bill proposes to introduce a new provision under the GST Laws - 74A which will replace the existing Section 73 and Section 74. The new provision will apply for SCN and Adjudication Orders to be issued / passed for matters pertaining to FY 2024-25. Section 73 / 74 will continue to apply for matters pertaining to the earlier period.

Few significant changes between the existing Section 73 (for non Fraud, Misstatement and Suppression cases) and Section 74 (for Fraud, Misstatement and Suppression cases) when compared to the new Provision 74A are as follows

1.     74A will cover both Non FMS and FMS cases – No two separate Sections

2.     Extended time line for issuance of SCN and Order in Non FMS cases – Existing period of 3 years to pass order increased to 5 years (refer slides)

3.     Due Date for issuance of Order linked to date of issuance of SCN and not due date of filing of annual returns (Illustration - refer slides)

4.     “Pertaining to” decides whether notice and order to be issued under Section 73 / 74 or 74A – Determining the FY to which the transaction pertains to could be challenging in certain cases

Eg. Ineligible credit availed by the taxpayer in FY 23-24 but reversed since payment not made within 180 days. Re-availed in FY 24-25 upon payment – Does this transaction pertain to 23-24 or 24-25?

5.     Time limit for paying tax, interest and concessional penalty – Time limit of 30 days extended to 60 days