HC partially allowed the petition challenging GST late fee and ...

Late Fee Valid But General Penalty Struck Down For Delayed GST Annual Returns Under Section 47 And 125

February 25, 2025

Case Laws     GST     HC

HC partially allowed the petition challenging GST late fee and penalty impositions. Court upheld late fee under Section 47(2) of GST Act for delayed annual return filing, which mandates Rs.100 per day subject to maximum 0.25% of state turnover. However, HC struck down additional general penalty of Rs.50,000 each under Section 125 for CGST and SGST, ruling that when specific penalty provision exists as late fee under Section 47, imposing general penalty is improper. Court confirmed respondent authority's jurisdiction to initiate proceedings for non-filing but emphasized that penalty cannot be duplicated through both late fee and general penalty provisions.

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