https://www.taxtmi.com/caselaws?id=766241 Penalty and interest could not be sustained where input tax credit had been reversed before utilisation and was not shown to have been availed in a manner attracting penal consequences. The Court noted that Section 74 of the CGST Act applies where credit is availed or utilised by reason of fraud, wilful misstatement, or suppression, and on the facts recorded the impugned penal order was not sustainable in its present form. The absence of a hearing before disposal also supported fresh consideration. The penalty and interest order was set aside, and the matter was directed to be reconsidered on merits after affording the petitioner an opportunity of hearing. en-us Wed, 12 Feb 2025 00:00:00 +0530 Sat, 08 Nov 2025 11:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=766241 Penalty and interest could not be sustained where input tax credit had been reversed before utilisation and was not shown to have been availed in a manner attracting penal consequences. The Court noted that Section 74 of the CGST Act applies where credit is availed or utilised by reason of fraud, wilful misstatement, or suppression, and on the facts recorded the impugned penal order was not sustainable in its present form. The absence of a hearing before disposal also supported fresh consideration. The penalty and interest order was set aside, and the matter was directed to be reconsidered on merits after affording the petitioner an opportunity of hearing. Case-Laws GST Wed, 12 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=766241