Section 74

(1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax requiring him to show cause as to why he should not pay the amount specified in the notice along with interest and penalty equivalent to the tax specified in the notice. (10) The proper officer shall issue the order within five years from the due date for furnishing of annual return for the financial year to which the tax not paid relates.