Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Extended period of limitation unsustainable; allowable deductions for prompt payment discounts, pro rata recovery, freight and VAT led to demand being...
General penalty under the GST regime cannot be imposed where the statute already provides for late fee for delayed filing of annual returns, because the residual penalty provision applies only in the absence of a specific penalty under the enactment. The High Court followed its earlier decision in Ms. Kandan Hardware Mart and held that the impugned order was unsustainable only to the extent it levied general penalty under the TNGST Act, 2017. The late fee liability was upheld and left undisturbed, with payment directed within the time granted by the Court.
General penalty under the GST regime cannot be imposed where the statute already provides for late fee for delayed filing of annual returns, because the residual penalty provision applies only in the absence of a specific penalty under the enactment. The High Court followed its earlier decision in Ms. Kandan Hardware Mart and held that the impugned order was unsustainable only to the extent it levied general penalty under the TNGST Act, 2017. The late fee liability was upheld and left undisturbed, with payment directed within the time granted by the Court.
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