Striking a Balance: Judicial Interpretation of GST Provisions on Record-Keeping and Penalties

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....t judgement delivered by the High Court concerning the maintenance of books of accounts and imposition of penalties under the Goods and Services Tax (GST) regime. The judgement addresses crucial issues related to the powers of the proper officer, confiscation of goods, search and seizure, and the levy of penalties under the Central Goods and Services Tax (CGST) Act, 2017. Arguments Presented The....

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.... unaccounted goods or services as if they had been supplied by the registered person. However, the determination of tax must be carried out in accordance with Sections 73 and 74 of the Act, which require the issuance of a show cause notice before determining the tax liability. Confiscation of Goods Regarding the confiscation of goods u/s 130 of the CGST Act, the court found that none of the cond....

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....ses committed by the petitioner fell under Column B, as they pertained to the failure to maintain books of accounts and furnish information or documents as required under the Act and Rules. Consequently, the court held that the maximum penalty imposable on the petitioner was Rs. 10,000. Analysis and Decision by the Court Based on the discussions and findings, the court allowed the writ petition ....