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GST - Highlights / Catch Notes

Home Highlights April 2023 Year 2023 This

Validity of SCN - Levy of penalty of 100% of tax dues reflected ...


Show Cause Notice imposes 100% tax penalty, violating Section 73(9) of 2017 Act; max penalty should be 10%.

April 11, 2023

Case Laws     GST     HC

Validity of SCN - Levy of penalty of 100% of tax dues reflected in the Summary of the Order are also in the teeth of the provisions of Section 73(9) of the Act of 2017, wherein while passing an adjudication order, the Proper Officer can levy penalty up to 10% of tax dues only. The above infirmity clearly shows non-application of mind on the part of the Deputy Commissioner, State Tax, Godda Circle, Godda. - HC

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