Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

HC Sets Aside GST Penalty Exceeding SCN; Matter Remanded for Fresh Decision

Case Law Details

TaxGuru Citation
2025 taxguru.in 11492
Case Name
Metal N Strips Vs Joint Commissioner of Commercial Tax (Karnataka High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Metal N Strips Vs Joint Commissioner of Commercial Tax (Karnataka High Court)

In this writ petition, the petitioner sought quashing of two orders: the order dated 30.06.2023 issued by the second respondent under Section 74 of the KGST Act read with Section 122(1)(vii), and the appellate order dated 07.10.2023 whereby the first respondent dismissed the petitioner’s appeal and affirmed the earlier order. The petitioner also requested any other appropriate relief.

The petitioner argued that although tax and interest were correctly reduced by the second respondent after considering the reply to the show cause notice dated 27.03.2023, the penalty imposed was illegal, arbitrary, and contrary to Sections 74 and 75 of the KGST Act. The petitioner submitted that it had no grievance regarding the confirmed tax of Rs.55,350 and interest of Rs.52,834 and was ready to deposit them. However, it disputed the penalty of Rs.6,05,17,933, which was substantially higher than the penalty proposed in the show cause notice. The petitioner contended that both the adjudicating authority and the appellate authority failed to properly apply Sections 74(1), 74(9), 75(7) and 75(13).

The revenue opposed the petition, reiterating the contentions in its statement of objections and asserting that the petition lacked merit.

The Court examined the show cause notice, which demanded tax of Rs.3,02,20,058 (SGST + CGST), interest of Rs.2,74,35,729, and penalty of Rs.3,02,20,058. After the petitioner replied, the second respondent’s order reduced tax and interest to Rs.55,350 and Rs.52,834 respectively. However, the penalty was increased to Rs.6,05,17,933, despite being lower in the show cause notice and despite the tax demand itself having been significantly reduced.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,146

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.