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GST - Highlights / Catch Notes

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Penalty proceedings under CGST Act cannot be initiated after ...


GST penalty proceedings initiated by State nullifies Centre's jurisdiction on same matter.

Case Laws     GST

October 4, 2024

Penalty proceedings under CGST Act cannot be initiated after State GST Authorities have initiated proceedings on the same subject matter. Once proceedings are initiated u/ss 73 or 74, penalty proceedings u/s 122 are deemed concluded. The impugned show cause notice purporting u/s 122 of CGST Act, after initiation of proceedings by State GST Authorities, is illegal, arbitrary, without jurisdiction, and contrary to provisions of law, warranting court's interference to quash it.

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