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of <h1>Goa GST Act: Fake Invoice Issuers Exempt from Tax Liability, Face Penalties u/s 122(1)(ii); Recipients Face Recovery and Penalties.</h1> The circular from the Government of Goa clarifies the applicability of demand and penalty provisions under the Goa Goods and Services Tax Act, 2017, concerning fake invoice transactions. It states that issuing invoices without actual supply does not constitute a 'supply' under the Act, exempting the issuer from tax liability and recovery under Sections 73 and 74. However, penalties under Section 122(1)(ii) apply. If a recipient fraudulently avails input tax credit (ITC) without receiving goods or services, they are liable for recovery and penalties under Section 74. Further, if ITC is passed on without actual supply, penalties under Sections 122(1)(ii) and 122(1)(vii) apply.
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