General GST Penalty 125 Set Aside as Specific Late Fee Was Already Prescribed: Madras HC

NKR Traders Vs State Tax Officer (Madras High Court) The Madras High Court, in NKR Traders v. State Tax Officer, held that a general penalty under Section 125 of the respective GST enactments cannot be imposed for non-filing of returns where a specific penalty mechanism in the form of late fee under Section 47 already exists. The petitioner contended that it had already been subjected to late fee liability under Section 47 of the TNGST Act, 2017 for failure to file returns for the Financial Year 2020-21, and therefore, the additional levy of general penalty under Section 125 was impermissible ...