2020 (3) TMI 805 - HC - GST

Liability of Interest - delayed submission of GSTR-3B - Section 50 of the CGST Act - petitioner's submission is that upon credit into the electronic cash ledger of the petitioner assessee, the amount stands credited into the account of the government - HELD THAT - Prima-facie, we do not agree with the submission. However, since the matter is still at preliminary stage, we do not wish to say anything further on this aspect lest the same has a bearing on the final decision of the Court. The demand raised by the respondents only in respect of interest on the ITC, which was lying to the credit of the petitioner assessee, is stayed - List on 8th October, 2020.

Summary

Issues:
1. Challenge to demand notice under Section 50 of the CGST Act for delayed submission of GSTR-3B.
2. Interpretation of the treatment of credit into the electronic cash ledger of the petitioner assessee.
3. Grant of interim relief regarding interest on Input Tax Credit.
4. Filing of counter-affidavits by respondents and scheduling of further proceedings.

Analysis:
1. The judgment pertains to a challenge against a demand notice issued under Section 50 of the CGST Act for delayed submission of GSTR-3B. The notice raised a demand of ?2,34,836, comprising interest on cash component and tax paid using Input Tax Credit. The petitioner argued that upon crediting the amount into the electronic cash ledger, it was effectively credited to the government's account. The court, at a preliminary stage, stayed the demand only in relation to interest on the Input Tax Credit, pending further proceedings.

2. The court considered the interpretation of the treatment of credit into the electronic cash ledger of the petitioner assessee. The petitioner contended that once the amount is credited into the electronic cash ledger, it is deemed to be credited to the government's account. The court, however, did not fully agree with this submission at the preliminary stage, indicating that further deliberation on this aspect would be necessary before a final decision is reached.

3. In terms of interim relief, the court granted a stay on the demand raised by the respondents specifically concerning interest on the Input Tax Credit held by the petitioner assessee. This decision indicates a cautious approach by the court, recognizing the need for a more detailed examination of the matter before making a final determination.

4. The judgment also directed the respondents to file their counter-affidavits within four weeks, with the provision for the petitioner to file a rejoinder if necessary before the next scheduled hearing on 8th October 2020. This procedural direction ensures that both parties have the opportunity to present their arguments comprehensively before the court makes a final decision on the issues raised in the case.