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2022 (6) TMI 277 - HC - GSTLevy of GST on the penalty levied in the disciplinary proceedings - clause 5(e) of the schedule II of the Central Goods Sales Tax Act, 2017 - Penalty was imposed on the employee against the allegation of fraudulent act and omissions - HELD THAT - Qua levy of GST, in the order, based on which, the learned Judge passed the order impugned herein, it was held that the penalty imposed, under Rule 7(b) (xiv) of the Code in a disciplinary proceedings initiated against the employees, would not attract the GST and the penalty referred therein would only refer to the penalty imposed in the course of trade or commerce; and hence, the imposition of GST on the penalty is illegal and is liable to be set aside. Appeal disposed off.
Issues:
Appeal against common order dated 22.02.2021 in multiple writ petitions regarding penalty, interest, and GST imposition by TASMAC. Contestation of the legality of GST imposition on penalty in disciplinary proceedings. Challenge regarding violation of principles of natural justice in the absence of an enquiry before imposing penalties. Interpretation of Section 7(1)(d) and 7(1-A) of the GST Act, 2017 in relation to penalty imposition. Validity of interim stay order granted on 24.03.2021 in WA(MD)No.679 of 2021 regarding GST calculation on penalty. Detailed Analysis: 1. Appeal against Common Order: The appellants challenged the order passed by the learned Judge in various writ petitions related to penalty, interest, and GST imposition by TASMAC. The learned Judge set aside the orders imposing penalties on the respondents due to the absence of an enquiry, leading to the appeal by the appellants. 2. Legal Basis for GST Imposition: The main contention revolved around the imposition of GST on penalties in disciplinary proceedings. The appellants argued that the penalty imposed should not attract GST, citing the omission of Section 7(1)(d) and the incorrect application of Section 7(1-A) of the GST Act, 2017. The court analyzed the provisions and concluded that penalties in disciplinary proceedings do not fall under the purview of GST applicable to penalties in trade or commerce. 3. Natural Justice and Enquiry: The appellants contested the setting aside of penalties by the learned Judge on grounds of violation of natural justice due to the absence of an enquiry before imposing penalties. However, the court declined to interfere with this aspect, emphasizing the need for proper procedures as per the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation, 2014. 4. Interim Stay Order: The interim stay order granted in WA(MD)No.679 of 2021 regarding the calculation of GST on penalties alone was discussed. The court clarified that the interim stay obtained by the appellants post the judgment date did not affect the validity of the learned Judge's order as of 22.02.2021. The imposition of GST on penalty amounts was subject to the outcome of the pending appeal. 5. Disposition: The court disposed of the writ appeals with observations that the learned Judge's order remained valid as of the judgment date, allowing the appellants to proceed with the enquiry against the respondents as per the law. The imposition of GST on penalties was contingent upon the resolution of the pending appeal. No costs were awarded, and related miscellaneous petitions were closed. By thoroughly analyzing the legal issues raised in the appeal, the court provided a detailed and comprehensive judgment addressing the applicability of GST on penalties in disciplinary proceedings and the procedural aspects concerning natural justice and enforcement of penalties.
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