Levy of interest or Penalty invalid if no proposal in pre-assessment notice

By Editor Goods and Services Tax Judiciary April 17, 2023

Case Name: K.Baskaran Vs Assistant Commissioner (ST) (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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K.Baskaran Vs Assistant Commissioner (ST) (Madras High Court) Impugned order levies interest under Section 50 as well as penalty under Section 73(9) of Central Goods and Services Tax Act, 2017, over and above, reversal of Input Tax Credit (ITC). Admittedly, there was no proposal in the pre-assessment notice either for levy of interest or penalty. To this extent the impugned order has travelled beyond the scope of the show cause notice. Thus, to that extent, I set aside the impugned order subject to the petitioner appearing before the respondent with a response to the show cause notice as well ...

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