Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
Liability to pay GST rests on the supplier under the Act of 2017 and Rules of 2017, and the supplier must issue a tax invoice within thirty days, failure of which attracts penalty and does not shift payment obligation to the recipient; consequence: supplier liable for penalty for non-issuance. Interest on unpaid tax accrues against the person liable to pay and cannot be validly transferred to the recipient; consequence: interest liability remains with the supplier and amounts wrongly recovered from recipients must be refunded, leading to directed refund of the recovered interest.
Liability to pay GST rests on the supplier under the Act of 2017 and Rules of 2017, and the supplier must issue a tax invoice within thirty days, failure of which attracts penalty and does not shift payment obligation to the recipient; consequence: supplier liable for penalty for non-issuance. Interest on unpaid tax accrues against the person liable to pay and cannot be validly transferred to the recipient; consequence: interest liability remains with the supplier and amounts wrongly recovered from recipients must be refunded, leading to directed refund of the recovered interest.
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