GST Appellate Tribunal, Bengaluru
Conduent Business Services India LLP v. Commissioner of Central Tax Bengaluru East Gst Commissionerate
The ruling in brief
Where an assessee made pre-SCN payment of tax and interest for excess ITC and irregular TRAN-1 credit found in audit and there was no evidence of fraud, willful misstatement or suppression with intent, penalty under fraud provisions was not sustainable as mere audit detection does not amount to suppression, and voluntary payment warranted immunity from penalty under general provisions
Provisions considered
Section 74, read with Section 73 of Central Goods and Services Tax Act, 2017/Karnataka Goods and Services Tax Act, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.