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of <h1>West Bengal GST Act: Fake Invoices Not 'Supply'; Penalties Apply u/ss 122 and 132 for Fraudulent Activities.</h1> The circular addresses the issue of fake invoices under the West Bengal Goods and Services Tax Act, 2017. It clarifies that issuing invoices without actual supply does not constitute a 'supply' under the Act, thus no tax liability or demand is applicable against the issuer. However, penalties under section 122(1)(ii) apply. For recipients utilizing fraudulent input tax credit (ITC), demand and penalties are enforced under section 74. If a recipient further issues invoices without supply, penalties under sections 122(1)(ii) and 122(1)(vii) apply. Section 132 may also be invoked for fraudulent activities, depending on case specifics.
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