ArticleGST Article

Supreme Court stays retrospective GST penalty under Section 122(1A) and to examine its applicability to non-taxable persons

The Hon’ble Supreme Court in Mukesh Kumar Garg held that Section 122(1) of the CGST Act, 2017 would not apply to a non-taxable person, and provisions of Section 122(1A) which came into force from January 1, 2021 could not be applied retrospectively for assessment years 2017 to 2020. The Court granted leave and stayed …

ArticleGST Article

A trap for the taxpayers in GST wherein apparently five provisions are simultaneously applicable for levy of penalty/recovery..

One of the plight for taxpayers in GST is that there are apparently five provisions (without including the provisions of fraud, or wilful misstatement etc) which charge them for delayed payment of Tax and ground reality is that these provisions are being invoked arbitrarily with a complete lack of clarity at ground level. The provisions are as follows-