Discuss the comparative analysis of Sections 73 and 74 of the CGST Act, 2017 with respect to the applicability of the sections, time limit to issue notice by proper officer, time limit to issue order by proper officer an

Comparative Analysis of Section 73 and 74 of the CGST Act, 2017: Basis Section 73 (Non-fraud cases) Section 74 (Fraud cases) Applicability Non-payment, short payment of tax, erroneous refund, or wrong availment/utilization of ITC without fraud or willful misstatement or suppression of facts. Non-payment, short payment of tax, erroneous refund, or wrong availment/utilization of ITC with fraud or willful misstatement or suppression of facts. Time limit for proper officer to issue notice At least 3 months prior to the issue of order. (i.e., 2 years and 9 months from the due date for furnishing of annual return for the financial year to which the tax relates or 2 years and 9 months from the date of erroneous refund). At least 6 months prior to the issue of order. (i.e., 4 years and 6 months from the due date for furnishing of annual return for the financial year to which the tax relates or 4 years and 6 months from the date of erroneous refund). Time limit for proper officer to issue order Within 3 years from the due date for furnishing of the annual return for the financial year to which the tax relates or 3 years from the date of erroneous refund. Within 5 years from the due date for furnishing of the annual return for the financial year to which the tax relates or 5 years from the date of erroneous refund. Penalty - before issuance of show cause notice No Penalty. If tax and interest are paid before the notice, no notice is issued. 15% of the tax amount. If tax, interest, and 15% penalty are paid before the notice, no notice is issued. Penalty within 30 days of issuance of show cause notice No Penalty. If tax and interest are paid within 30 days of notice, proceedings are deemed concluded. 25% of the tax amount. If tax, interest, and 25% penalty are paid within 30 days of notice, proceedings are deemed concluded. Penalty - after 30 days of issuance of show cause notice Or after the issuance of order 10% of Tax or ₹10,000, whichever is higher. 50% of the tax amount. In any other case (i.e., if not paid within 30 days of order) 10% of Tax or ₹10,000, whichever is higher. 100% of the tax amount.