Penalty for Eway Bill

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In case of Composition dealer who not have eway bill is penalized at checkpost by GST officers. What tax & Penalty to be charged ? Is it as per normal tax rate or Composition fees. (As penalty is 100% of Tax amount)
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Yes it's treated as without Invoice,hence penalty will be imposed as per Section 129(1) of. GST it's on payment of lower of following amounts :
1. 2% of value of Goods or
2. Rs 25000/- (Total 50000/- for CGS & SGST)

Note : As he is the composition dealer & in term of rule 49 required to issue bill of supply hence no tax is charged thereon so shall be considered under Exempted goods supply & penalty shall be imposed as accordingly.


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