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Shrikrishna Subray Hegde-vs-Pavitra Associates-2026-juristway.com-3189-GSTAT(Bengaluru)-GST
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2026-juristway.com-3189-GSTAT(Bengaluru)-GSTShrikrishna Subray Hegde v Pavitra Associates
✓ Good LawAllowed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3189-GSTAT(Bengaluru)-GST

Shrikrishna Subray Hegde

versus

Pavitra Associates

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/29/BUR/2026
Advocate (Petitioner)
Prabhat Kumar Acar CGST Rahul, Suptd Ar, CGST
Advocate (Respondent)
Sarfaraz Khazi, Employee
Quick ref
Takeaway

Section 76 Penalty — Registered Supplier Withholding Collected GST — The GST Appellate Tribunal, Bengaluru Bench held that a registered supplier that collected GST from its recipient on valid invoices but short-declared and then stopped filing returns falls within Section 76, which covers any person collecting an amount representing tax and not paying it; the first appellate authority erred in confining Section 76 to collections without authority of law, and the penalty of Rs. 25,18,205 was restored.

Digest & Analysis
Litigation Digest

In Shrikrishna Subray Hegde v. M/s Pavitra Associates, 2026-juristway.com-3189-GSTAT(Bengaluru)-GST, where a supplier of data entry and dietary food services to South Western Railway, Hubballi collected GST of Rs. 30,60,658 from April 2018 to September 2021 but short-declared turnover and stopped filing after its registration was cancelled on 01.11.2019, withholding Rs. 25,18,205, and an order dated 21.11.2022 under Section 76 confirmed that amount with interest and an equal penalty, the tax being paid by DRC-03 in 2023, and the first appellate authority on 08.03.2024 deleted the penalty (Paras 2-5), the Tribunal held that Section 76(1) applies to every person collecting an amount representing tax, regardless of registration, following R.K. Transport & Constructions, and that tax collected from recipients is held in a fiduciary capacity, as recognised in Solar Pesticides and Sahakari Khand Udyog Mandal (Paras 17-23). Distinguishing GAIL (India), it held the appellate reading unsustainable (Paras 21, 27). The Department’s appeal was allowed and the penalty of Rs. 25,18,205 restored, payable within eight weeks after adjustment of pre-deposits (Order).

Full Text
Judgment & Order
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