Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Penalty under Section 125 of the GST Act could not be imposed separately under CGST and SGST beyond the statutory maximum for the same contravention. The High Court held that a penalty of Rs. 25,000 under CGST plus a further Rs. 25,000 under SGST was not justified where the provision prescribed a maximum penalty of Rs. 25,000. The original penalty order was therefore unsustainable, and the consequential appellate order also could not stand. Both orders were set aside, and the matter was remanded to the competent authority for fresh consideration in accordance with law.
Penalty under Section 125 of the GST Act could not be imposed separately under CGST and SGST beyond the statutory maximum for the same contravention. The High Court held that a penalty of Rs. 25,000 under CGST plus a further Rs. 25,000 under SGST was not justified where the provision prescribed a maximum penalty of Rs. 25,000. The original penalty order was therefore unsustainable, and the consequential appellate order also could not stand. Both orders were set aside, and the matter was remanded to the competent authority for fresh consideration in accordance with law.
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