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Cess demand based solely on an erroneous GSTR-1 entry was unsustainable where the declared cess did not correspond with the taxable value or CGST and SGST liabilities. CGST and SGST liabilities in GSTR-1 and GSTR-3B were consistent and correctly paid. In the absence of allegations or evidence of suppressed outward supplies, understated taxable value, or short payment of tax, the cess mismatch was accepted as a clerical error. A bare allegation of cess short payment could not support the demand; the appellate order, consequential interest, and penalty were quashed.
Cess demand based solely on an erroneous GSTR-1 entry was unsustainable where the declared cess did not correspond with the taxable value or CGST and SGST liabilities. CGST and SGST liabilities in GSTR-1 and GSTR-3B were consistent and correctly paid. In the absence of allegations or evidence of suppressed outward supplies, understated taxable value, or short payment of tax, the cess mismatch was accepted as a clerical error. A bare allegation of cess short payment could not support the demand; the appellate order, consequential interest, and penalty were quashed.
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