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HC determined that the imposition of penalty under Section ...


Procedural Defects in GST Assessment Undermine Liability of penalty Determination Under Section 122(2)(b)

May 20, 2025

Case Laws     GST     HC

HC determined that the imposition of penalty under Section 122(2)(b) of the GST Act, 2017 was procedurally flawed due to non-compliance with Rule 142(1A) regarding communication of tax details. The court found the tax liability determination for July 2017 to March 2019 legally erroneous. As an interim measure, the court directed the petitioner to deposit 20% of the tax amount determined in the original order within two weeks, with a consequent restraint on coercive recovery measures by the tax authorities pending further adjudication.

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