High Court of Madras
Tvl. Punitha Antony Store v. State Tax Officer
W.P(MD) NO.14984 OF 2026
The ruling in brief
Where penalty equals to 100 percent of tax was imposed under Section 74 for alleged fraud though penalty only of 50 percent of tax under Section 74A was statutorily leviable, as provisions invoked had led to a higher penalty and materially altered liability, such error was not curable as a mere misquotation; impugned penalty order was to be quashed and fresh proceedings was to be initiated under correct provision
Provisions considered
Section 74, read with sections 74A and 160, of Central Goods and Services Tax Act, 2017/Tamil Nadu Goods and Services Tax Act, 2017
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