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General Penalty under Section 125: Case Studies and Legal Implications

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"GENERAL PENALTY: SECTION 125" The general penalty for violating the Act or its Rules is Rs. 50,000 (Rs. 25,000 under CGST and Rs. 25,000 under SGST). 1. Atlantic Care Chemicals Pvt. Ltd. - Kerala High Court General Penalty is not imposable for a mere classification dispute.
2. Rathore Building Material - Allahabad High Court Where petitioner complied with terms of SCN by furnishing returns within the time provided, there was no lawful justification to impose penalty U/s 125 returning finding that reply to SCN was not tendered,
thus, order imposing penalty was to be set aside. 3. Daily Express - Kerala High Court Non-obstante clause of Section 129 ibid making it clear that general penal provisions of Section 122 or 125 or 126 ibid not attracted on violation of Section 129 ibid. #ARR4NIRC
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Abhishek Raja "Ram"

@abhishekrajaram

MEC, STBA Delhi || Speaker and Author on GST. Life dedicated towards Tax and Economic Reforms & Simplification