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The HC addressed a challenge to a summons issued under s.70 of ...


GST Summons Under Section 70 Doesn't Create Tax Liability or Initiate Proceedings Against Taxpayer

March 27, 2025

Case Laws     GST     HC

The HC addressed a challenge to a summons issued under s.70 of the GST Act seeking information from the petitioner. The court clarified that s.74 of the CGST Act applies to tax evasion cases involving willful misstatement or fraud, permitting penalties up to 100% of unpaid tax, with reduced penalties available at various stages of admission and payment. The court determined that the 2nd respondent's communication aligned with s.74 provisions and did not create liability or initiate proceedings against the petitioner. The petition was closed, preserving the petitioner's right to oppose any future proceedings for tax short payment, evasion, or wrongful ITC availment.

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