Punjab & Haryana 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.
5 rulings found
Punjab & Haryana High Court
Where registered person deposited self-assessed tax belatedly and interest was demanded by authority without initiation of section 73 proceedings, waiver of interest under section 128A was not available since circular permitted waiver only where section 73 was invoked, and self-assessed tax interest liability under section 50 read with section 75(12) was directly recoverable with no scope for waiver in such cases. GST: Where petitioner sought waiver of interest for delayed deposit of self-assessed tax citing discrimination under Article 14, since benefit under waiver scheme applied only to disputed tax arising from section 73 proceedings and not to self-assessed tax, classification between disputed and self-assessed tax was valid, denial of waiver to petitioner was justified and Article 14 challenge was not sustainable
Madras High Court
Where petitioner with registrations in Tamil Nadu and Maharashtra received a combined section 73 order and sought waiver of interest or penalty via single SPL-02 under section 128A(1)(b) after tax payment, proper officer could not decline jurisdiction for Maharashtra alone as same officer issued combined order and no statutory basis exists to split jurisdiction, requiring reconsideration
Madras High Court
Waiver of interest or penalty under section 128A was available where proceedings had been initiated under section 73 even in respect of self assessed tax arising from belated filing of GSTR 3B, non obstante clause in section 75(12) permitting direct recovery under section 79 could not exclude such cases from amnesty scheme once liability was determined under section 73 GST: Waiver of interest or penalty under section 128A having been accepted and Form GST SPL 05 issued, authorities could not subsequently declare such approval void by invoking section 161 except in contingencies specifically contemplated under Rule 164(16) or 164(17) GST: Waiver of interest or penalty under section 128A being governed by mandatory timelines under Rule 164, belated filing of application or payment beyond prescribed period could not be condoned on basis of substantial compliance, and rejection of waiver claim was justified GST: Waiver of interest or penalty under section 128A being subject to mandatory filing timelines under Rule 164, belated or non filing of application on plea of lack of knowledge of section 73 order could not be condoned, and writ petitions were liable to be dismissed
Madras High Court
Where assessee discharged entire tax liability within statutory time but part of payment was mistakenly remitted under IGST head with no such liability, substantial compliance for waiver existed since full payment as per notice was made and rejection solely due to wrong head payment was unsustainable; matter required reconsideration with opportunity to rectify head-wise payment
Madras High Court
Where petitioner disclosed outward supplies in GSTR-1 for certain periods but failed to discharge corresponding output tax through GSTR-3B on time, mere non-receipt of customer payments or lack of intent to evade tax could not alter statutory liability, but in light of section 128A and GST Council deliberations, such short payments warranted reconsideration under section 73 rather than section 74, hence matter required fresh decision accordingly