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TMI BlogImposition of penalty u/s 73(11) of CGST Act, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... Imposition of penalty u/s 73(11) of CGST Act, 2017 X X X X Extracts X X X X X X X X Extracts X X X X ..... ence can be taken to counter levy of penalty Reply By KASTURI SETHI: The Reply: Yes, penalty is mandatory under Section 73 (11) of the CGST Act. Note that Sections 73 (11) and 73 (9) both contain the words, 'shall' be payable'. Here the word, 'shall' signifies that imposition of penalty is mandatory. Reply By Shilpi Jain: The Reply: 73(11) talks of self-assessed tax If you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can put in what is ur exact scenario maybe the input could be specific Reply By KASTURI SETHI: The Reply: The use of word, 'shall' in the statute indicates that it is mandatory and the Assessing Authority does not have power to dilute this mandatory requirement.------Supreme Court in the case of ALD Automobile (P) Ltd. 2018 (10) TMI 814 - SUPREME COURT. However, this judgement is in rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the input credit. Here we are concerned with the meaning, essence and power of 'shall'. Reply By Amit Agrawal: The Reply: Kindly refer to answers given against Serial No. 2 of Circular No. 76/50/2018-GST dated 31st December, 2018, wherein it is clarified as follows: "........... 3. The provisions of section 73 of the CGST Act are generally not invoked in case of delayed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling of the return in FORM GSTR-3B because tax along with applicable interest has already been paid but after the due date for payment of such tax. It is accordingly clarified that penalty under the provisions of section 73(11) of the CGST Act is not payable in such cases. It is further clarified that since the tax has been paid late in contravention of the provisions of the CGST Act, a general p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty under section 125 of the CGST Act may be imposed after following the due process of law." These are ex facie views of mine and the same should not be construed as professional advice/suggestion. Reply By SUBRATA RAY: The Reply: I am at par with you Amitji. These defence is most suitable for giving reply against SCN u/s 73(11) . Thanks Reply By SUSHIL BANSAL: The Reply: Yes, penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty is mandatory under Section 73 (11) of the CGST Act. X X X X Extracts X X X X X X X X Extracts X X X X
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