HC dismissed the writ petition challenging the appellate ...

Statutory Limitations Bar Appeal: Tax Authority's Penalty for Stock Shortage Upheld Under OGST Act Sections 122 and 130

May 23, 2025

Case Laws GST HC

HC dismissed the writ petition challenging the appellate authority's rejection of an appeal beyond statutory limitation period. The court upheld the show cause notice and redemption fine imposed under Sections 122 and 130 of the OGST Act, 2017, for stock shortage discovered during a search and seizure operation. The petitioner's attempt to challenge the procedural aspects under Article 226 was rejected, with the court noting the petitioner's earlier admission of stock shortage and concurrence with penalty payment. The decision emphasized adherence to statutory limitations and judicial discipline, finding no merit in the challenge to the authority's jurisdiction or powers.

View Source

← Previous Next →

HC dismissed the writ petition challenging the appellate ...

Statutory Limitations Bar Appeal: Tax Authority's Penalty for Stock Shortage Upheld Under OGST Act Sections 122 and 130

May 23, 2025

Case Laws GST HC

You may also like:

Clandestine production and removal - excesses and shortages in stock - The quantum of excess and shortages determined by the exercise of stock taking is negligible in...

Shortage in the stock of Cenvat credit availed of raw materials - physical verification of stock - clandestine clearance - Levy of penalty u/s 11AC confirmed - AT

Penalty u/s 271AAB - discrepancy in stock - condition of Explanation(c) below section 271AAB(3) fulfilled - shortage of stock not accounted for by the assessee has been...

AT upheld the penalty imposed under FEMA Section 13(1) for export proceeds realization violation. The Adjudicating Authority's discretionary penalty assessment at one...

HC ruled on penalty imposition under Companies Act s.203(5) for non-compliance with managerial appointment requirements. Authority's discretionary power in penalty...

This case deals with the levy of penalties u/ss 271AAA and 271(1)(c) of the Income Tax Act in relation to various additions made to the assessee's income based on seized...

Loss arising from Inventory write off - disallowance of shortage in the value of inventory - shortfall in inventory - the assessee has engaged the services of a leading...

Duty demand - Clandestine removal of goods - Shortage of goods - appellant is liable for excise duty and it is restricted to actual shortage of 102.476 MTs found short...

ITAT dismissed the appeal, upholding the penalty under Section 271D for accepting cash loans/deposits in violation of Section 269SS. The tribunal found no substantive...

Shortage of goods - Discrepancy of stock as per form 3CD filed with income tax return - demand of duty upheld

The High Court allowed the assessee's appeal, holding that the order imposing penalty u/s 271DA for contravention of Section 269ST was passed beyond the statutory...

Levy of penalty u/s 114 - The discretion of levying penalty is always available with the Statutory Authority under Section 114, whenever such an Authority is of the view...

No doubt the discretion to levy the penalty or to drop the penalty proceedings is entirely the discretion of the appropriate authority who is authorized under the...

Clandestine removal - duty & penalty - shortages found during the physical stock carried out by the preventive Officers of the Department - shortage admitted and duty...

Clandestine Removal - shortage of stock - Since it is inherent from the very nature of estimation of stocks in steel factories that there will be variations between what...

Quick Updates: