Allahabad HC rejects Patanjali Ayurved's plea against Rs 273.5 crore GST penalty
A division bench comprising Justices Shekhar B Saraf and Justice Vipin Chandra Dixit rejected Patanjali's argument that such penalties constitute criminal liability and can be imposed only after a criminal trial.
The bench was of the view that tax authorities can impose penalties under Section 122 of the GST Act through civil proceedings without requiring criminal court trials.
The court clarified that GST penalty proceedings are civil in nature and can be adjudicated by proper officers.
"After detailed analysis, it is clear that the proceeding under Section 122 of the CGST Act is to be adjudicated by the adjudicating officer and is not required to undergo prosecution," the bench said.
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