CBIC Instruction 05/2023-GST

Tax Paid on an Audit Finding, Then Sued for Under Section 74: Orissa High Court Stays Coercive Recovery in Global Coal and Mining

A Division Bench of the Orissa High Court has issued notice and restrained coercive action on a Section 74 order for 2019-20, where the assessee had paid the tax on the audit finding and the Department had written that the audit proceedings stood closed. The Court's reasoning is prima facie and interim, but it states plainly that the conditions for Section 74 were not satisfied.