GSTAT Bengaluru
For assessee
GST Appellate Tribunal
Rulings of the GST Appellate Tribunal, Bengaluru, newest first.
2 rulings found
GSTAT Bengaluru
Where appellant, facing ITC mismatch between GSTR-3B and GSTR-2A, admitted oversight and paid tax with interest before SCN, but was issued SCN invoking Section 74 for suppression and penalized 100 percent, such invocation was unsustainable since no fraud, mis-statement or deliberate suppression was established and case fell under Section 73, rendering Section 74 action and penalty invalid
GSTAT Bengaluru
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