Posted On : 03 December 2024
In Reply To :
Audit U/s 65(6) and SCN for Same year
Section 73(1) applies to cases of non-fraudulent excess ITC claims or other discrepancies, and the AO can issue a show cause notice for recovery of tax, interest, and penalty within a period of 5 years from the due date of filing the return for that particular year.
Section 74(1) applies when there is fraudulent claim of ITC, in which case the AO can issue a show cause notice within 5 years from the date of the event leading to fraud.
While the audit has been completed and an Audit Report (ADT-02) has been issued, this does not prevent the Assessing Officer from initiating proceedings for recovery of taxes or issuing a show cause notice under Section 17(5) if there are discrepancies in the ITC claimed or if the credit is found to be ineligible.