Community Insights
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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 |
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 |
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. |