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Issue ID: 119649
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Penalty Under Section 125 of CGST Act

Date 26 Feb 2025
Replies 2 Replies
Views 8130 Views
Penalty under Section 125 for failure to file ITC 04; payment may settle small demands, appeal recommended for large levies.
Failure to file the mandatory ITC-04 during a GST audit led the auditing officer to invoke Section 125 as a general penal provision because there is no specific penalty for non-filing; where the levy is small pragmatic payment may be preferable, but substantial penalties should be contested on the basis that omission of ITC-04 has no independent revenue implication and may be appealed. (AI Summary)

Dear Expert

In GST Audit Case, Auditing Officer has Imposed Penalty U/s 125 for Non-Filling of ITC-04, On the Other Hand From inception of GST Era We are Very Prompt and Diligent in Paying taxes & Filling of the Returns, Mere Lapse of Filling of ITC 04 can be cause for invocation of Section 125

Please Guide.

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