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

Topic

Publish Date

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

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

Authority

One liner

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.
2025(05)LCX0124

Delhi High Court

MHJ Metaltechs Private Limited

Writ not entertained in ITC fraud case; petitioners directed to appellate remedy.

2023(11)LCX0139

Allahabad High Court

Clear Secured Services Private Limited

Penalty reduced to Rs.10,000/- as no amount of tax has admittedly been evaded. 

2020(06)LCX0096

Gujarat High Court

Mahavir Enterprise

Rule 142(1)(a) is constitutionally valid and no conflict with any provisions of act.