224.            Will omission on the part of the taxable person to provide correct information constitute suppression of facts for the purpose of section 74 of the CGST Act? Write a brief note with reasons.

Omission on the part of the taxable person to provide correct information does not constitute suppression of facts as the expression “suppression of facts” used in section 74 of the CGST Act has to be with an intention to evade tax. If the intention to evade tax is missing, then omission on the part of taxable person with regard to providing incorrect information cannot be inferred as "suppression of facts" for the purpose of section 74 of the Act.

“Suppression” means non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document, or failure to furnish any information on being asked for, with intent to evade payment of tax. When facts are known to both the parties, omission by one party to do what he might have done would not render it suppression. Mere omission to give correct information is not suppression of facts unless it was deliberate to evade the payment of tax.