Courts have ruled that Section 125 applies only where no specific penalty exists under GST law. Using it alongside other penalty provisions amounts to double penalisation and is legally unsustainable.
The law clearly prohibits penalties for minor breaches, yet officers continue imposing heavy fines on small taxpayers. Courts have repeatedly intervened, emphasizing proportionality and fairness in penalty imposition.
The new law replaces the 1961 Act to address excessive complexity and scattered provisions built over decades. It simplifies language, removes redundancies, and improves structure while keeping tax rates unchanged.
This explains why GST cannot be levied unless a transaction qualifies as supply under Section 7. It highlights judicial reasoning that proper classification and statutory tests must be applied before tax demand.
Form 130 becomes the new TDS certificate from April 2026 under the 2025 Act. The key takeaway is that the format changes, but the core purpose remains the same.
Covers complete TDS and TCS compliance under GST including new metal scrap rules. Provides step-by-step guidance for businesses and professionals.
The law permits refund of input tax credit on exports due to their zero-rated nature. The discussion clarifies refund mechanisms and highlights conditions for eligibility. It underscores that errors in documentation can lead to denial of refunds.
The guide clarifies when GST liability shifts to the recipient under RCM for GTA and renting services. The key takeaway is that correct classification and notification-based conditions determine tax liability.
GST may appear simplified, but HSN classification remains central to compliance and disputes. Incorrect classification can lead to penalties and scrutiny.
GST provides a structured ladder of assessment mechanisms based on compliance and risk. Understanding each stage helps taxpayers avoid disputes and manage liability effectively.
