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Corporate News *  Gross GST collections surge 15.4% to reach Rs 2.11 lakh crore in July 2026. *  Ghaziabad DGGI | Court Extends Judicial Custody of 2 Accused Involved In GST Fake ITC Fraud of ?31.57 Crore Till 7 August 2026 *  Uploading GST Orders on Portal Alone Is Not Valid Service: Punjab & Haryana High Court *  Company Must Be Made Accused Before Fastening Vicarious Liability Against Director In GST Prosecution: Punjab & Haryana High Court. *  No liability without proof of prior knowledge of import misdeclaration: CESTAT drops penalties on customs broker orders. *  4-Day hearing notice violated natural justice: Rajasthan High court quashes Ex-parte GST registration cancellation appeal order. *  10% GST penalty pre-deposit rule not applicable where SCN issued before 1st October 2025: Delhi High Court. *  Stock discrepancy alone can’t prove clandestine removal: CESTAT. *  Dept. can’t deny refund for missing challan in its own records: CESTAT. *  GST dept. can’t arbitrarily treat same services as ‘Intermediary’ for one period and ‘Export of Services’ for others: Punjab & Haryana High Court. Orders. *  Manufacturers can’t claim proportionate cess relief for machines installed during the month: Gujarat High Court. *  GST dept. can’t rely on Prospective rule. 88B amendment to ignore existing judicial precedent: Gujarat HC. *  ITC relief denied where supplier fails to deposit tax: Supreme Court upholds validity of sec. 16(2)(c) of CGST Act. *  Redemption fine can’t be ground to reject SVLDRS declaration: Rajasthan High Court *  Whether dept. can invoke sec. 73 without challenging refund sanction order    - Telangana High court stays GST refund recovery. *  GST recovery against genuine buyer before proceeding against defaulting supplier stayed: Karnataka High Court. *  Assessment order uploaded under wrong portal tab: Karnataka High Court restores GST appeal, condones delay *  CBIC plans faceless GST system; refunds, registration and assessments may go digital in phases *  Bombay High Court warns GST dept. over refund delays, considers 18% interest and recovery from erring officials. *  Failure to issue mandatory ASMT-10 notice vitiates GST proceedings: Rajasthan High Court. *  GST SCN against dead proprietor invalid: Orissa High Court *  GST registration revived despite time-barred appeal, subject to full tax payment: Himachal Pradesh HC *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court
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PJ/Case Laws/2012-13/1257

Whether the penalty can be imposed when ST not paid due to some confusion?



Case:- City Union Bank versus Commissioner of Central Excise, Trichy
 
Citation:- 2011 (27) S. T. R. 25 (Tri.-Chennai)
 
 
Brief Facts:- Appellant is engaged in the  business of banking & Finance services and provides services of loan to farmers who have bought tractors from M/s TAFE and this loan amount is paid to seller but the appellant have retained some amount being a payment by M/s TAFE and Commissioner said that, the tax was not paid on account of confusion regarding the tax liability.
 
Appellant Contention’s:- The appellant pleaded that payment of service tax along with interest was delayed due to some confusion regarding their liability to pay service tax and as soon as they became aware of their liability, the same was discharged. Therefore, penalty should not be imposed on them as there was no suppression of facts by them.
 
Respondent Contention’s:-The Respondent has drawn attention to the findings recorded from the order passed by the jurisdictional Commissioner.
 
Reasoning of Judgement:- The facts of the case are not in dispute because the appellant has advanced loan to farmers who have bought tractors from M/s. TAFE and the amount has been paid to M/s. TAFE against such purchase. The dispute is in relation to some amount they have received from M/s. TAFE by way of retention while paying the loan amount towards purchase of the tractor. But, the Appellants have subsequently paid the tax amount on the portion retained along with interest. The jurisdictional Commissioner while reviewing the original order has reversed the decision and has imposed a penalty. The learned JCDR has drawn attention to the findings recorded from paragraphs 19 onwards from the order passed by the jurisdictional Commissioner. However, there is no satisfactory reason given therein to reverse the finding of the original authority in regard to extending the benefit under Section 80 to the appellants. There is also no finding of any suppression, fraud etc. and the fact that the appellants have retained some amount out of the loan disbursed to M/s. TAFE does not alter the character of the amount being a payment by M/s. TAFE. Moreover, this is the first instance, where the tax was not paid on account of the confusion re­garding the tax liability. Considering the same, they are of the view that the order of the original authority required no interference and hence the impugned Order-­in-Revision is set aside and the original authority's order is restored allowing the appeal.
 
Decision:- Appeal Allowed.
 
Comment:- When there is confusion on applicability of service tax, hence no penalty can be imposed on service provider when he has paid the tax along with interest.
 
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