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HC determined directors' liability for GST non-compliance, ...


Directors Face Strict Liability for GST Violations Under Sections 107 and 122(1A), Requiring Detailed Scrutiny of Individual Roles

May 3, 2025

Case Laws     GST     HC

HC determined directors' liability for GST non-compliance, finding Section 107 and 122(1A) of CGST Act applicable. The Court held that directors must be held responsible for fraudulent ITC availing and non-filing of returns, with the caveat that specific individual responsibilities require detailed factual scrutiny. The HC directed the Department to communicate appellate remedies within two weeks, mandating that any appeal filed within 30 days shall be adjudicated on merits without limitation bar. The core issue involves determining which directors retained transactional benefits and their precise organizational roles in potential tax irregularities.

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