High Court of Madras
Kappa Chakka Kandhari Foods (P.) Ltd. v. Commissioner of GST and Central Excise (Appeals- I)
WP NO. 34361 OF 2026
The ruling in brief
Where adjudication order confirmed tax, interest and penalty, and assessee paid tax and interest leaving only penalty unpaid, DRC-07 was issued solely for penalty, rejection of appeal for non-payment of 10 percent pre-deposit of penalty was unsustainable as proviso to Section 107(6) applies only where order demands penalty without any tax, thus appeal was to be restored for adjudication on merits
Provisions considered
Section 107 of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
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