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Can Section 74 Address Mismatches Between Form 26AS and GSTR-1?

TaxGuru
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Summary

AI-Generated
  • Dealers in Karnataka are facing Section 74 notices for mismatches between Form 26AS and GSTR-1, alleging suppressed B2B turnover despite accurate reporting.
  • The notices rely on a central CCT order and ignore B2C supplies, leading to claims of fraud without evidence of intent to evade tax.
  • Courts have criticized this misuse of Section 74, emphasizing that it should not apply to mere reconciliation issues or computational errors.
  • This trend raises concerns about natural justice and could burden genuine taxpayers with unnecessary litigation and compliance challenges.

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