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GST - Highlights / Catch Notes

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Validity of reduction of fine and penalty - Jurisdiction of ...

Case Laws     GST

May 14, 2024

Validity of reduction of fine and penalty - Jurisdiction of appellate authority - Confiscation of Gold ornaments u/s 130 - Transportation of Gold without proper documents - The High Court upheld the legality of the confiscation order, agreeing that the respondent's (assessee) actions contravened Section 31 of the Act and relevant Rules (46, 55 & 55A). Confirmed the validity of the STO’s confiscation decision based on the respondent’s intent to evade tax by transporting gold without valid documents. - the High Court confirmed that the appellate authority has wide powers under Section 107(11) to modify, annul, or confirm decisions of the adjudicating officer. It ruled that the appellate authority’s reduction of the fine was within its jurisdiction and justified by considering the respondent’s status as a registered taxpayer with regular account maintenance.

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