CIRCULAR
| Circular No. | Subject |
| Circular No. 254/11/2025-GST dt. 27.10.2025 (Para 7.1) |
Assigning proper officer under section 74A, section 75(2) and section 122 of the Central Goods and Services Tax Act, 2017 and the rules made thereunder |
COMMUNITY INSIGHTS
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Topic |
Publish Date | |
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Penalty Must Follow the Benefit - Decoding Section 122 (CGST Act) Your Export Oriented Unit is busy. Material is coming in, finished goods are going out, and your bank is receiving foreign currency for the job work charges. On the shop floor, everything looks healthy. Then you file the Quarterly Performance Report (QPR) and-surprise-your Net Foreign Exchange (NFE) is negative. It feels absurd: how can an EOU that earns foreign exchange show a foreign exchange loss?.......... Read More |
27.01.2026 |
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Penalties vs. Punishment Under GST: Where Do You Draw the Line? Imagine this: A thriving business diligently files its GST returns, confident that everything is in order. But one misstep-perhaps an incorrect invoice or an unintentional tax shortfall-could lead to hefty fines or, in severe cases, even imprisonment. The GST framework is not just about tax collection; it’s a meticulously structured system that enforces compliance with clear-cut penalties and, in certain cases, criminal prosecution....................... Read More |
13.02.2025 |
CASE LAW
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Authority |
One liner |
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2025(05)LCX0298 Allahabad High Court Patanjali Ayurved Ltd |
Penalty under Section 122 CGST Act is civil in nature and can proceed independently of Section 74 outcome. |
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2025(05)LCX0124 Delhi High Court MHJ Metaltechs Private Limited |
Writ not entertained in ITC fraud case; petitioners directed to appellate remedy. |
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Allahabad High Court Clear Secured Services Private Limited |
Penalty reduced to Rs.10,000/- as no amount of tax has admittedly been evaded. |
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Gujarat High Court Mahavir Enterprise |
Rule 142(1)(a) is constitutionally valid and no conflict with any provisions of act. |