TaxTMI 
TaxTMI 
Interpreting the CGST Act: A Landmark Judgment on Record Maintenance, Confiscation, and Penalties
X X X X Extracts X X X X
X X X X Extracts X X X X
....s of a recent judgment delivered by the High Court concerning the provisions of the Central Goods and Services Tax (CGST) Act, 2017, and the rules framed thereunder. The judgment addresses crucial issues related to the maintenance of records, confiscation of goods, imposition of penalties, and the powers of the proper officer under the CGST Act. Arguments Presented The case revolves around the a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rds in electronic form and the procedures to be followed in case of non-compliance. Determination of Tax Liability The court examined Section 35(6) of the CGST Act, which empowers the proper officer to determine the tax payable on unaccounted goods or services as if they had been supplied by the registered person. However, the court clarified that the determination and quantification of tax on s....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... not involving tax evasion. The court held that in the present case, the offenses alleged against the registered person fell under the second category, where the maximum penalty imposable is Rs. 10,000, as no exercise for quantifying the tax evaded had been undertaken. Analysis of the Court's Judgment The court's judgment provides clarity on several crucial aspects of the CGST Act and th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nciples of due process, fairness, and adherence to statutory provisions. By clarifying the scope and limitations of various provisions, the court has provided a balanced approach that protects the interests of both the revenue authorities and the registered persons. Overall, this judgment contributes to the evolving jurisprudence in the realm of Goods and Services Tax (GST) and highlights the nee....