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Imposition of higher GST liability for mere wrong availment of ITC not justifiable
Case Law Details
- Case Name
- GU Shipping India Pvt Ltd. Vs Assistant Commissioner of CGST and Central Excise (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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GU Shipping India Pvt Ltd. Vs Assistant Commissioner of CGST and Central Excise (Madras High Court)
Madras High Court held that it is not justifiable to impose disproportionate liability under section 74 of the respective GST enactments merely because Input Tax Credit was wrongly availed/ utilized. Accordingly, writ petition partly allowed.
Facts- The petitioner has preferred the present petition. The allegation against the petitioner was that during the period from July 2017 to January 2018 (up to 25.01.2018), the petitioner made a supply of services viz. Freight and Leasing / Renting of the...
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