If tax liability including interest has been paid subsequently SCN cannot be issued

Navigating through the intricacies of tax liabilities and legal proceedings can be daunting for any business entity. In this article, we delve into a recent case before the Hon’ble Telangana High Court that sheds light on an important aspect of tax law. We’ll analyze the case of Rays Power Infra Pvt. Ltd. v. Superintendent of Central Tax, exploring the implications of clearing tax liabilities and interest before the issuance of a show cause notice.

Facts of the Case:

M/s Rays Power Infra Pvt. Ltd., a company engaged in solar power generation, underwent a GST audit for the financial years 2017-18 and 2018-19. Following the audit, a summary of findings was communicated to the company, which promptly accepted and cleared the additional tax liabilities along with interest. Despite this, a show cause notice was issued under Section 74(1) of the Central Goods and Services Tax Act, 2017 (CGST Act). The company, through a writ petition, challenged the legality of this notice, arguing that clearing all tax liabilities and interest prior to the notice should absolve them from further penalties.

Issue:

The central question before the court was whether the GST authorities were justified in initiating proceedings under Section 74 of the CGST Act, given that the taxpayer had already settled all tax liabilities and interest before the issuance of the show cause notice.

Held:

The Hon’ble Telangana High Court, in its judgment, emphasized the importance of Sections 73 and 74 of the CGST Act in determining the taxpayer’s liability. It observed that if a taxpayer clears all tax liabilities along with interest before the issuance of a show cause notice, they should not be liable for additional penalties or interest. The court highlighted the stringent recovery measures under Section 73, which require taxpayers to clear unpaid taxes or reversed wrongfully availed Input Tax Credits (ITC) promptly. Furthermore, it clarified that Section 74 would only be applicable if there is evidence of fraud, misstatement, or suppression of facts by the taxpayer. Since the petitioner in this case had already cleared their liabilities, including interest, the court deemed the show cause notice and subsequent order as beyond the jurisdiction of the authorities. The judgment reaffirmed the principle that once tax liabilities are settled, further proceedings cannot be initiated under the same grounds.