36 ViewsThe Union government is likely to initiate the settlement of cases initiated by the National Pharmaceutical Pricing Authority (NPPA) for pharma companies under the Vivad se Vishwas scheme 2. This is the government’s attempt at tax resolution and reducing litigation. Sources told CNBC-TV18 that the government may initiate the scheme to settle penalty cases […]
Minor discrepancy in the e-way bill would not attract penalty proceedings
48 ViewsThe Hon’ble Allahabad High Court in M/s. Varun Beverages Limited. v. State of U.P. and Ors. [Writ Tax No. – 958 of 2019 dated February 2, 2023] has set aside the order imposing the penalty upon the assessee, on the grounds that, there was no intention on the part of the assessee to evade […]
Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable
65 ViewsThe Hon’ble Delhi High Court in Ram Prakash Chauhan v. Commissioner of Delhi (Goods and Service Tax) & Anr. [W.P.(C) 6924/2022 dated January 19, 2023] set aside the order raising a demand of tax and penalty for release of the goods. Held that, neither the Show Cause Notice (“SCN”) nor the order of demand […]
Circular No. 178/10/2022-GST dated 03.08.22 – GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law –reg.
733 ViewsCircular No. 178/10/2022-GST F. No. 190354/176/2022-TRU Government of India Ministry of Finance Department of Revenue (Tax Research Unit) Dated 03.08.2022 To, The Principal Chief Commissioners/Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All) Madam/Sir, Subject: GST applicability on liquidated damages, compensation and penalty arising out of […]
No Recovery of Central Excise Duty, Interest, and Penalty without serving of Adjudication Order
235 ViewsThe Hon’ble Calcutta High Court in the matter of M/s Haldia Petrochemicals Limited v. Assistant Commissioner [W.P. A No. 4249 of 2022, dated June 30, 2022] held that no recovery of Central Excise Duty, interest, and penalty can be made without service of adjudication order and directed the Revenue Department to refund the amount […]