Interest Liability recovery u/s 79

This query is : Resolved

G RAKESH (Querist)
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21 August 2023 Dear All, We have delayed the gst payment of rs. 52 Lakhs for 16 months, hence according to this rs. 12.5 lakhs comes as interest Liability.(payment is due to differences between gstr 3b and gstr 1) Officer said that there is no need of issue order, we can directly recover the interest Liability by attaching the bank account as per sec 79 reading with sec 74. Is that section implying no need to issue of order for recovery of interest ?? Pls help.

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CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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22 August 2023 Yes this section overrides sections 73 and 74 and the officer can recover the tax and interest without show cause notice except under the CBIC instruction in this regard.