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Shrikrishna Subray Hegde-vs-K.M.B. Facility Management Services-2026-juristway.com-3188-GSTAT(Bengaluru)-GST
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2026-juristway.com-3188-GSTAT(Bengaluru)-GSTShrikrishna Subray Hegde v K.M.B. Facility Management Services
✓ Good LawAllowed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3188-GSTAT(Bengaluru)-GST

Shrikrishna Subray Hegde

versus

K.M.B. Facility Management Services

Court - Bench
GST Appellate Tribunal (GSTAT) - Bengaluru
Date of Judgment
29 October 2026
Judges
Sudha Koka, Member (Technical), Mr. Srikanth Venkatraman, Member (Judicial)
Case Number
APL/17/BUR/2026
Advocate (Petitioner)
Prabhat Kumar AC Ar CGST, Rahul, Suptd Ar CGST
Advocate (Respondent)
Company Employee of Respondent Venkatesh
Quick ref
Takeaway

Section 76 — Tax Collected by Registered Supplier and Not Remitted — The GST Appellate Tribunal, Bengaluru Bench held that Section 76 applies to every person, registered or not, who collects an amount representing GST and fails to pay it to the Government, including a registered supplier that charged GST on valid invoices but filed nil or no returns; it is not confined to unauthorised collections, and Sections 73 and 74 do not exclude it. The penalty equal to the tax under Section 76 deleted in first appeal was restored.

Digest & Analysis
Litigation Digest

In Shrikrishna Subray Hegde v. K.M.B. Facility Management Services, 2026-juristway.com-3188-GSTAT(Bengaluru)-GST, where a supplier of security, cleaning and maintenance services to South Western Railways had charged and collected GST from April 2018 to March 2021 but filed nil or no GSTR-3B, the shortfall being detected from the recipient’s GSTR-7, and after a notice dated 23.11.2021 under Section 76 paid Rs. 43,63,237 by DRC-03 in September 2022, and the first appellate authority deleted the Section 76 penalty on the view that the provision does not apply to registered suppliers (Paras 3-5), the Tribunal held that “every person” and “any amount” in Section 76(1) are of the widest amplitude and draw no distinction based on registration, following R.K. Transport & Constructions (Paras 16-17). Distinguishing GAIL (India) as concerning tax already deposited through another registration, and relying on the fiduciary character of tax collected from recipients recognised in Solar Pesticides, it held the deletion of penalty unsustainable (Paras 18-20). The Department’s appeal was allowed and the penalty equal to the tax restored, to be paid within eight weeks after adjustment of pre-deposits (Order).

✎ Editor's Note

The ruling, with its companion decision in Pavitra Associates of the same date, makes Section 76 a potent tool against registered suppliers who collect GST and do not remit it — with a penalty equal to the tax, not the 10% under Section 73. Suppliers to government departments, whose collections are visible in the recipients’ GSTR-7, are particularly exposed. Two points remain open for argument. The Tribunal did not address whether the tax deducted at source by the recipient, credited to the supplier’s cash ledger, reduces the amount “collected and not paid”. And the respondent’s contention that Section 76 mirrors Section 11D of the Central Excise Act, aimed at unauthorised collections, has been rejected here but may be pressed before the High Court. Practitioners should also note that the order-in-appeal is recorded with the same number and date as that in Bang Poly Packs (GST AP: 28/2024-25 dated 27.02.2026), which appears to be an error in the order.

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
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