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Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
Whether the penalty quantified under Section 129(1)(a) of the U.P. GST Act, 2017 was computed erroneously was the dominant issue. Applying the principle in a prior binding decision on similar facts, the Court held that the penalty must be re-determined strictly in accordance with the statutory formula under Section 129(1)(a), and an order reflecting an incorrect computation cannot be sustained. Consequently, the impugned penalty order was set aside and the tax authorities were directed to re-compute and determine the penalty afresh within three weeks, and the writ petition was disposed of. - HC
Whether the penalty quantified under Section 129(1)(a) of the U.P. GST Act, 2017 was computed erroneously was the dominant issue. Applying the principle in a prior binding decision on similar facts, the Court held that the penalty must be re-determined strictly in accordance with the statutory formula under Section 129(1)(a), and an order reflecting an incorrect computation cannot be sustained. Consequently, the impugned penalty order was set aside and the tax authorities were directed to re-compute and determine the penalty afresh within three weeks, and the writ petition was disposed of. - HC
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