Family-linked property purchases using fabricated loan agreements and benami-style arrangements held to be crime proceeds; attachment upheld, appeal d...
Charitable tree plantation and maintenance for environmental preservation treated as "charitable activity", exempt from GST under Notification 12/2017...
HC examined levy of penalty under s.74 CGST Act where tax with interest was paid prior to issuance of SCN. HC noted the distinction between s.74(5) and s.74(8), holding that on payment of tax, interest and 15% penalty after notice under s.74(1) read with s.74(3), further proceedings stand terminated. In this case, the petitioner had already discharged tax and interest pursuant to summons, and the subsequent demand-cum-SCN under s.74(1) yielded a maximum penalty of Rs. 19,000/-. HC held that relegating the petitioner to appeal would be unjustified. HC directed that on deposit of 15% of the penalty within four weeks, the impugned order shall stand quashed qua the petitioner alone, with no benefit extended to other noticees. Petition disposed.
HC examined levy of penalty under s.74 CGST Act where tax with interest was paid prior to issuance of SCN. HC noted the distinction between s.74(5) and s.74(8), holding that on payment of tax, interest and 15% penalty after notice under s.74(1) read with s.74(3), further proceedings stand terminated. In this case, the petitioner had already discharged tax and interest pursuant to summons, and the subsequent demand-cum-SCN under s.74(1) yielded a maximum penalty of Rs. 19,000/-. HC held that relegating the petitioner to appeal would be unjustified. HC directed that on deposit of 15% of the penalty within four weeks, the impugned order shall stand quashed qua the petitioner alone, with no benefit extended to other noticees. Petition disposed.
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