GST penalty liability reaches non-taxable beneficiaries only for transactions occurring after the provision took effect.
Section 122(1A) of the CGST Act extends penalty exposure to any person, including non-taxable or unregistered persons, only where both conditions are established: retention of benefit from a specified Section 122(1) transaction and conduct of that transaction at the person's instance. Its penal consequences require prospective application, so it applies only to underlying acts or transactions occurring on or after 1 January 2021, not by reference to the show-cause notice date. Statutory appellate remedies do not prevent consideration of recurring pure legal questions, while transaction dates and proof of the twin conditions require evidentiary determination in the appellate process.
Issues: (i) Whether penalty under Section 122(1A) of the Central Goods and Services Tax Act, 2017 can be imposed on a non-taxable person; (ii) Whether Section 122(1A) of the Central Goods and Services Tax Act, 2017 applies only prospectively to acts or transactions occurring on or after 01.01.2021; (iii) Whether the statutory appeal under Section 107 of the Central Goods and Services Tax Act, 2017 precluded writ jurisdiction over the questions of law.
Issue (i): Whether penalty under Section 122(1A) of the Central Goods and Services Tax Act, 2017 can be imposed on a non-taxable person.
Analysis: Section 122(1A) applies only upon cumulative satisfaction of two conjunctive statutory conditions: the person must have retained the benefit of a transaction falling within the specified clauses of Section 122(1), and the transaction must have been conducted at that person's instance. The distinct statutory expressions "taxable person", "any person" and "registered person", read with the broad definition of "person", show that "any person" cannot be restricted to a taxable person. A purposive interpretation also prevents the actual beneficiary or orchestrator of fraudulent input-tax-credit transactions from escaping liability merely because the taxable entity is a separate juridical person.
Conclusion: Section 122(1A) extends to non-taxable and unregistered persons who satisfy both statutory conditions. This finding is against the assessee.
Issue (ii): Whether Section 122(1A) of the Central Goods and Services Tax Act, 2017 applies only prospectively to acts or transactions occurring on or after 01.01.2021.
Analysis: Section 122(1A) and the corresponding amendment to Section 132(1) came into force on 01.01.2021. Although the liability under Section 122(1A) is monetary, it is penal in consequence and must bear a nexus to the date of the underlying act or transaction. The prospective operation of penal provisions, reinforced by Article 20(1), precludes liability under a provision not in force when the conduct occurred. Making applicability depend on the date of the show-cause notice would produce unequal consequences for identical completed transactions based solely on the timing of departmental action.
Conclusion: Section 122(1A) applies only to acts or transactions occurring on or after 01.01.2021, irrespective of the date of the show-cause notice. This finding is in favour of the assessee.
Issue (iii): Whether the statutory appeal under Section 107 of the Central Goods and Services Tax Act, 2017 precluded writ jurisdiction over the questions of law.
Analysis: The recurring and purely legal questions concerning the scope and temporal reach of Section 122(1A), on which divergent views existed, warranted determination despite the alternative appellate remedy. Individual factual questions concerning retention of benefit, conduct of the transaction at a person's instance, and the date of the transaction require evidentiary assessment by the appellate authority.
Conclusion: The alternative statutory appeal did not bar determination of the legal questions. This finding is in favour of the petitioners.
Final Conclusion: Individual liability under Section 122(1A) remains dependent on proof of the twin statutory conditions and of a transaction occurring on or after 01.01.2021, to be determined in the statutory appellate process.
Ratio Decidendi: Section 122(1A) reaches any person, including a non-taxable person, only upon cumulative proof that the person retained the benefit of and caused the specified transaction, and it cannot be applied to conduct preceding its commencement on 01.01.2021.