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    <title>GST order quashed after payment under protest ruled not admission of liability under Section 74</title>
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    <description>The HC quashed an order under Section 74 of HP GST Act, 2017 imposing interest of Rs. 1,32,34,923/- and penalty of Rs. 1,11,45,134/- on the petitioner for alleged wrongful availment of Input Tax Credit. The court held that payment made &#039;under protest&#039; cannot constitute admission of liability, as such payment inherently reserves the right to challenge the order while disputing the debt&#039;s validity. The HC relied on Black&#039;s Law Dictionary definition establishing that &#039;under protest&#039; payment involves formal dispute of liability while making payment unwillingly. Consequently, the respondent was directed to issue fresh DRC-07 incorporating only the disputed tax amount, enabling the petitioner to file an appeal before the appellate authority. The petition was allowed.</description>
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    <pubDate>Mon, 23 Jun 2025 08:42:59 +0530</pubDate>
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      <title>GST order quashed after payment under protest ruled not admission of liability under Section 74</title>
      <link>https://www.taxtmi.com/highlights?id=89715</link>
      <description>The HC quashed an order under Section 74 of HP GST Act, 2017 imposing interest of Rs. 1,32,34,923/- and penalty of Rs. 1,11,45,134/- on the petitioner for alleged wrongful availment of Input Tax Credit. The court held that payment made &#039;under protest&#039; cannot constitute admission of liability, as such payment inherently reserves the right to challenge the order while disputing the debt&#039;s validity. The HC relied on Black&#039;s Law Dictionary definition establishing that &#039;under protest&#039; payment involves formal dispute of liability while making payment unwillingly. Consequently, the respondent was directed to issue fresh DRC-07 incorporating only the disputed tax amount, enabling the petitioner to file an appeal before the appellate authority. The petition was allowed.</description>
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      <pubDate>Mon, 23 Jun 2025 08:42:59 +0530</pubDate>
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