Unless amount of excess GST credit taken has not been quantified, punishment cannot be imposed [HC]
The Judgment is given below for reference:
The petitioner is an Assessee before the respondent authorities, in terms of the provisions of the Central Goods and Services Tax Act, 2017, (in short ‘CGST Act’). The CGST Act was implemented with effect from 01.07.2017 and provides for the assessment of turnover from sales and services as enumerated therein. Regular monthly returns have been filed by the petitioner and this is not disputed.
2. While this was so, there appears to have been an investigation initiated by the respondents in the premises of the petitioner, commencing from 15.10.2018 and continuing on various dates thereafter. Seizures of voluminous documents and records have been effected. The petitioner has also been called upon to furnish various records and has done so, under letters dated 17.11.2018 and 22.11.2018.
3. The list of documents submitted on 17.11.2018 is set out below:-
‘JAYACHANDRAN ALLOYS PVT LTD
Following Original / Documents submitted to GST HPU Officers dt: 17/11/2018

4. In letter dated 22.11.2018 addressed by the petitioner to the first respondent, acknowledged by the first respondent on the same date, the details of other documents and records supplied by the petitioner are mentioned, as follows:
‘The total Nos. of documents submitted is 61 Nos. and the hard copy given to you is 56 Nos.
The total No. of pages given to you is 2935 The total No. of registers submitted is 34 Nos.’
5. Statements have been recorded from various persons including the Managing Director of the petitioner company on various dates in the course of proceedings as below:-

Click here to read the Full Judgement