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    <title>2026 (2) TMI 1409 - BOMBAY HIGH COURT</title>
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    <description>Section 122(1A) of the CGST Act was analysed as a penal provision linked to a taxable person who retains the benefit of the prohibited transaction and at whose instance it is carried out. On that reading, employees and office-bearers who were not shown to have personally retained such benefit could not be penalised under that provision. The text also states that Section 122(1A), inserted from 1 January 2021, cannot be applied to alleged conduct in earlier periods because retrospective imposition of penalty is barred by Article 20(1) of the Constitution. The impugned notices and personal penalties were therefore treated as without jurisdiction.</description>
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      <description>Section 122(1A) of the CGST Act was analysed as a penal provision linked to a taxable person who retains the benefit of the prohibited transaction and at whose instance it is carried out. On that reading, employees and office-bearers who were not shown to have personally retained such benefit could not be penalised under that provision. The text also states that Section 122(1A), inserted from 1 January 2021, cannot be applied to alleged conduct in earlier periods because retrospective imposition of penalty is barred by Article 20(1) of the Constitution. The impugned notices and personal penalties were therefore treated as without jurisdiction.</description>
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