Case LawWP(C) No. 20468 of 2020
Muhammed Kochukudiyil Ishabeevi Vs State Tax Officer
- Court:
- High Court
- Bench:
- Kerala
- Date:
- September 30, 2020
- Type:
- Writ Petition
- Members:
- A.K.JAYASANKARAN NAMBIAR, J
Subject
Assessee cannot be exempted from the requirement of paying interest and 15% penalty u/s 74(5)
InterestPenalty
Summary
The scheme of making a payment of tax together with interest and 15% of the amount as penalty envisaged under Section 74 is for the purposes of enabling an assessee to avoid the show cause notice contemplated under the said provision. What is offered…
Judgement
The petitioner, who is an assessee and registered dealer under the Kerala State Goods and Services Tax Act, 2017, is engaged in timber business. In the writ petition, she impugns Ext.P1 intimation that was issued to her in terms of Section 74(5) of the KGST Act read with Rule 142(1A) of the SGST Rules, whereby she was intimated of the tax, penalty and interest payment that she was required to make…