Patna High Court
For revenue
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
4 rulings found
Patna High Court
Where petitioner, a medicine trader, failed to file returns for 2020-2021 and was assessed for tax and late fee after show cause notice, demand of late fee through assessment proceedings under section 73 read with section 47, being a statutory mandate, was valid and enforceable and writ challenging such competence was to be dismissed as devoid of merit
Madras High Court
Where registered person failed to file annual return for period in dispute and was levied late fee, mere non- issuance of notice in Form GSTR-3A or non-adherence to SOP Circular did not nullify statutory obligation to file returns within prescribed schedule, thus imposition of late fee for non-filing of return was sustained and dismissal of writ appeal was upheld
Madras High Court
Where petitioner challenged order imposing penalty for non-maintenance of records relying on section 47 that penalty under Section 122 could not be imposed after levying late fee thereunder, since section 47 pertains to belated filing of returns and section 122 prescribes penalty in respect of several matters including non- maintenance of books of accounts, there was no infirmity in order warranting interference and writ petition was to be dismissed
Madras High Court
Where petitioner failed to furnish annual return in Form GSTR-9 by due date, statutory late fee under section 47 was attracted, as it applies to both belated filing and non-filing, making the imposition of late fee and penalty valid and argument that late fee is not leviable for non-filing, untenable. GST: Where taxpayer failed to furnish annual return in Form GSTR-9 and was levied both late fee and general penalty, since no separate penalty was prescribed for such non-filing, general penalty under section 125 was applicable in addition to late fee, so levy of both was justified and challenge by taxpayer was rejected