A taxpayer has been issued a Show Cause Notice on the following grounds:

Wrongful availment of Input Tax Credit of ₹10,00,000/- in contravention of Section 16 of the CGST Act, 2017, proposed to be disallowed, demanded, and recovered under Section 74(1) of the CGST/GGST Act, 2017 read with Section 20 of the IGST Act, 2017.

Recovery of interest at the applicable rate under Section 50 of the CGST/GGST Act, 2017 read with Section 20 of the IGST Act, 2017.

Imposition of penalty under Section 74(1) of the CGST/GGST Act, 2017 read with Sections 122(1)(vii), 122(1)(x), and 122(2)(b) of the CGST/GGST Act, 2017 read with Section 20 of the IGST Act, 2017.

Imposition of separate penalty under Section 122(1)(xvi) of the CGST/GGST Act, 2017 for failure to maintain prescribed records at the principal place of business declared in GST registration.

Findings (charges proved):

Demand of ineligible ITC of ₹10,00,000/- confirmed.

Interest on the above demand confirmed under Section 50.

Penalty of ₹10,00,000/- imposed under Section 74(1).

Issue for Determination:

What should be the separate penalty under Section 122(1)(xvi)? Should it be ₹20,000/- (fixed penalty for non-maintenance of records) or ₹10,00,000/- (linked with tax evasion amount)?

If the penalty is quantified as ₹10,00,000/-, why should it not be restricted in terms of Section 75(13) of the CGST Act, 2017?

Alternatively, can the penalty under Section 122(1)(xvi) be limited to ₹20,000/- considering that the offence of non-maintenance of records is of a non-quantifiable nature?

Thank you in advance.

Resturrnt has made supply through e commerce operator on which e commerce operator is liable to pay tax under 9(5). We have reported such sales in table 14 of our gstr1in addition to this whether we must report such sales in Table no 12 HSN summary in BTOB supply?

Isd located in Maharashtra
Regular gstn located in Maharashtra
Regular gstn located in Gujrat
Regular gstn located in Karnatak
Regular gstn located orissa
If common service sgst + cgst input received to isd in Maharashtra & attributable to all gstn including regular Maharashtra - can sgst & cgst converted into igst for distributing itc to other than Maharashtra.

If common service igst input received to isd in Maharashtra & attributable to all unit including Maharashtra - can igst distributable to Maharashtra regular gstn as sgst + cgst & other regular gstn as igst.

Transporter send our goods from our gujrat purchasing party to all above unit. But raise his
invoice / bill of supply to only our Gujrat unit.
Our Gujrat unit pay Rcm on GTA service & whole rcm itc consumed by our Gujrat unit.
In this case can RCM distributable vis isd. If yes
Pl mention any specific section / rule / notification.

Hello, Exempted and Nil rated sale done to customers. No other taxable sale. How to fill table 12. What to select B2B or B2C. Valuable response is awaited

We have GST registered under GTA, after submission of bills we forgotton e-invoicing and submitted to Bills service receiver. The bill date previous month and month is closed, Now how to recitify the problem please suggested.

From L.D.Dharmadhikari

Plan to buy car and give to driver like person or to a travel agency.

They wll give monthly 25k which will be credited to me.

Can I avail gst itc on this

What is the limitation of notice for the year 2019-20as per GST Act.

We are a Real Estate Limited Company & registered in Gst, we are paid Commission to our agent (Unregistered Person) on monthly basis.
My Question is gst applicable on us As per RCM Rule.

pls suggest..

In March 25 we had sold goods to Calcutta Party by raising e invoice
Now the party is unable to sell these goods and wants to return the goods
However we have found one party in Assam who are ready to purchase the goods

For the above transaction how to do the billing and accounting treatment

Dear sir,
what would be gst rate on bricks after 22 sep. and itc would be allowed or not ?