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Supreme Court Upholds Order Directing GST Official to Pay Compensation to Taxpayer

CA Aman Rajput , Last updated: 08 December 2023  
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In a landmark judgment, the Supreme Court has upheld an order of the High Court directing a GST official to pay compensation to a taxpayer for issuing an invalid penalty order. The Court also increased the compensation amount from Rs. 10,000 to Rs. 69,000.

Supreme Court Upholds Order Directing GST Official to Pay Compensation to Taxpayer

Background

The case involved M/s Satyam Shivam Papers Pvt Ltd, a taxpayer, who was issued a penalty order by a GST official for movement of goods without a valid e-way bill. The taxpayer had failed to deliver the goods within the validity period of the e-way bill due to unforeseen circumstances.

The taxpayer challenged the penalty order before the High Court, which set aside the order and directed the GST official to pay compensation to the taxpayer. The High Court held that the GST official had acted arbitrarily and without jurisdiction in issuing the penalty order.

 

Supreme Court Judgment

The Supreme Court agreed with the High Court's findings and observed that the GST official had acted in a "cavalier manner" and had "misused his power". The Court also held that the High Court had erred in awarding only nominal costs to the taxpayer.

The Supreme Court increased the compensation amount from Rs. 10,000 to Rs. 69,000, taking into account the mental agony and harassment suffered by the taxpayer.

Significance of the Judgment

The Supreme Court's judgment is significant for several reasons. First, it sends a strong message that GST officials will not be allowed to act arbitrarily or without jurisdiction. Second, it sets a precedent for awarding compensation to taxpayers who have suffered due to the wrongdoings of GST officials.

The judgment is also likely to have a sensitizing effect on GST officials, as they will now be more cautious in issuing penalty orders. This is likely to reduce the number of unnecessary litigations between taxpayers and GST officials.

 

Conclusion

The Supreme Court's judgment is a welcome development for taxpayers. It reinforces the principle that taxpayers have a right to be treated fairly and justly by tax authorities. The judgment is also likely to have a positive impact on the ease of doing business in India.

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Published by

CA Aman Rajput
(Chartered Accountant)
Category GST   Report

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