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Penalty cannot be imposed for Error in Utilizing CGST & SGST Instead of IGST
Case Law Details
- Case Name
- MJBR Marketing and Financial Services Pvt. Ltd. Vs Union of India (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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MJBR Marketing and Financial Services Pvt. Ltd. Vs Union of India (Kerala High Court)
Kerala High Court has set aside a tax and penalty order issued by GST authorities against a taxpayer who inadvertently claimed input tax credit (ITC) under the wrong tax head. The court ruled that such an error, where CGST and SGST credits were mistakenly availed and utilized as IGST credit, does not warrant proceedings under Section 73 of the CGST Act, especially when there is no actual revenue loss to the department collectively.
The case involved MJBR Marketing and Financial Services Pvt. Ltd., a registere...
