GST Demand cannot be confirmed u/s. 74(5) since proceedings u/s. 61(2) already dropped

J.S.B. Trading Co. Vs State of Punjab And Another (Punjab and Haryana High Court) Punjab and Haryana High Court held that confirming demand and initiating liability under section 74(5) of the CGST Act liable to be set aside since the same was already dropped vide proceedings under section 61(2) of the CGST Act. Facts- The petitioner is dealing in the business of sale and purchase of iron scrap. A notice dated 05.09.2022 u/s. 61 of Punjab GST/CGST Act, 2017 was issued for scrutiny of the return by the Proper Officer to explain about the ITC claimed on the purchases, alleging that during the per...