https://www.taxtmi.com/caselaws?id=441995 The Patna HC dismissed a writ petition challenging penalty u/s 122 of BGST Act for wrongful ITC claims. The assessee had claimed excess input tax credit, later paid the differential amount without interest u/s 50, which attracted penalty. The court distinguished the Price Waterhouse Coopers SC decision, noting it involved a "silly mistake" whereas here the assessee admitted the discrepancy and defaulted on tax payment. The HC held the penalty was properly levied as civil liability for failure to pay tax due on wrong ITC claims, rejecting reliance on CBIC circular meant for nascent GST regime difficulties. en-us Tue, 08 Aug 2023 00:00:00 +0530 Fri, 18 Apr 2025 15:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441995 The Patna HC dismissed a writ petition challenging penalty u/s 122 of BGST Act for wrongful ITC claims. The assessee had claimed excess input tax credit, later paid the differential amount without interest u/s 50, which attracted penalty. The court distinguished the Price Waterhouse Coopers SC decision, noting it involved a "silly mistake" whereas here the assessee admitted the discrepancy and defaulted on tax payment. The HC held the penalty was properly levied as civil liability for failure to pay tax due on wrong ITC claims, rejecting reliance on CBIC circular meant for nascent GST regime difficulties. Case-Laws GST Tue, 08 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441995