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Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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GST UPDATE ON ALLAHABAD HIGH COURT FOR PENALTY UNDER SECTION 122

GST UPDATE ON ALLAHABAD HIGH COURT FOR PENALTY UNDER SECTION 122
The penal provisions are usually stringent in taxation laws and are often the subject matter of litigation. Recently, hon’ble High Court in the case of M/s Metenere Ltd. pronounced a very interesting interpretation of the provision contained in section 122 of the CGST Act, 2017 with respect to imposition of penalty in cases where proper records were not maintained as required in the Statue. The reasoning adopted while pronouncing the decision is the subject matter of discussion of our present update.
 
Anti-evasion team visited the premises of the petitioner for verification of the records. The petitioner claimed that it produced all the records, however, the records of GST were not available in the factory premises as the same were kept at head office of the petitioner. It was submitted that all the records were maintained at the principal place of business of the petitioner situated at Delhi which was duly mentioned in the registration certificate also. Moreover, it was stated that documents in the electronic form were stored in the computer however the same could not be given to the respondent authorities on their visit as internet was not functional on the said date. It was also stated that there was no allegation with regard to evasion of duty and no exercise was conducted by department to establish and ascertain the duty evaded. Consequently, the order of confiscation and imposition of penalty was not justifiable.
 
The hon’ble High Court after pursuing the provisions of law, has held that as even if it is accepted for the sake of argument that the documents were not maintained at the registered office or any other place of business, there is no finding to the effect that any supply was made with an intent to evade payment of tax. Hence, confiscation was declared as wholly arbitrary and illegal. As regards levy of penalty under section 122 of the CGST Act, 2017, the hon’ble High Court categorised the infractions into two categories-A and B. Category A comprised of those offences which involved evasion of tax whereas category B consisted of those offences which did not involve any revenue leakage. It was stated that the quantum of penalty under section 122 is Rs. 10,000/- or an amount equivalent to tax evaded or refund claimed fraudulently. Therefore, it was concluded that the default in maintaining books/records was covered under category B so the penalty can be imposed only for Rs. 10,000/-. An interesting point to be noted here is that the hon’ble High Court emphasized that since no exercise for quantification of the tax evaded has been done, in pursuance to the powers conferred under section 35(6) read with section 73 or 74 of the Act, the maximum penalty that could be imposed is Rs. 10,000/-. This has the implication that even if the offence being committed pertains to category A and no efforts have been made by the revenue authorities for quantification of tax evaded by invoking the provisions contained in section 73 or 74 of the CGST Act, 2017, penalty imposable under section 122 of the CGST Act, 2017 would be restricted upto Rs. 10,000/-. Hence, the revenue authorities need to be cautious as regards determination of tax evaded under section 73 or 74 prior to initiation of proceedings for levy of penalty under section 122 of the CGST Act, 2017. Moreover, it can be concluded that where the show cause notice does not give demand of tax under Section 73 or 74 but only proposes penal provision under section 122 then only Rs. 10,000/- penalty can be imposed because tax has not been quantified under Section 73 or 74 ibid.
 
This decision provides a great relief as regards quantum of penalty imposable under section 122 of the CGST Act, 2017 is concerned. The interpretation that since certain offences do not lead to any tax evasion, penalty should be restricted to Rs. 10,000/- is commendable. It is hoped that the benefit of this decision is extended to a large number of assessees so that minor infractions do not attract hefty penalties. 
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