Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTPenalty U/s 125 GST Act Can’t Be More Than Rs. 25K: Allahabad...

Penalty U/s 125 GST Act Can’t Be More Than Rs. 25K: Allahabad High Court Quashes Order Imposing Rs. 50K

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Allahabad High Court has quashed the order imposing a penalty of Rs. 50K under Section 125 GST Act.

The bench of Justice Pankaj Bhatia has observed that no opportunity of hearing has been granted or is reflected in the order, the order was quashed. The matter was remanded to the authority concerned to pass a fresh order after giving an opportunity of hearing in accordance with law.

The petitioner has challenged an order by which an amount of Rs.50,000 has been imposed under section 125 of the GST Act.

Section 125 of the CGST/SGST Act provides that any person who contravenes any provision of the Act or the rules made under this Act for which no separate penalty has been prescribed shall be punishable with a penalty that may extend to Rs. 25,000.

The petitioner has submitted that a penalty of Rs.50,000 has been imposed under section 125 GST Act without even giving an opportunity of hearing. In terms of Section 125 also, a maximum penalty imposable is Rs.25000 and the order is mechanical in imposing the penalty, which is also contrary to the mandate of Section 125 of the GST.

The court allowed the petition and ruled in favour of the assessee.

Case Details

Case Title: M/S Sriram Traders  Versus State Of U.P.

Case No.: Writ Tax No. – 327 Of 2025

Date: 11.4.2025

Counsel For Petitioner: Savitra Vardhan Singh

Counsel For Respondent: C.S.C

Read More: Bombay High Court Upholds Disallowance of Interest Paid to Beneficiaries, Rules Trust as Association Of Persons

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

Importer Alleges Backdated DIN In Arrest Documents: Mumbai Court Grants Bail In ₹31.86 Crore Customs Duty Evasion Case

A Mumbai court has granted bail to an importer accused of evading approximately ₹31.86...

Dept. Can’t Challenge Fine Alone While Leaving Related Penalty Findings Uncontested: GSTAT 

The Goods and Services Tax Appellate Tribunal (GSTAT), Agra State Bench, has summarily dismissed...

GST On Mining Royalty: Gujarat High Court Bars Final Orders Without Its Permission, Allows Adjudication To Continue

The Gujarat High Court has granted ad-interim protection in a batch of petitions challenging...

FREEDOM SUPREME – 2026 INSC 1195 – SRI SUJIT DAS AND ORS. ETC. VERSUS UNION OF INDIA

This Article pertaining to FREEDOM SUPREME – 2026 INSC 1195 - SRI SUJIT DAS...

More like this

Importer Alleges Backdated DIN In Arrest Documents: Mumbai Court Grants Bail In ₹31.86 Crore Customs Duty Evasion Case

A Mumbai court has granted bail to an importer accused of evading approximately ₹31.86...

Dept. Can’t Challenge Fine Alone While Leaving Related Penalty Findings Uncontested: GSTAT 

The Goods and Services Tax Appellate Tribunal (GSTAT), Agra State Bench, has summarily dismissed...

GST On Mining Royalty: Gujarat High Court Bars Final Orders Without Its Permission, Allows Adjudication To Continue

The Gujarat High Court has granted ad-interim protection in a batch of petitions challenging...