2020 (4) TMI 664 - HC - GST

Demand of Interest u/s 50 of CGST Act - requirement for issuance of SCN for demand for interest under sub section (1) of Section 50 of Central Goods and Service Tax Act 2017 - violation of principles of natural justice - HELD THAT - Under sub section (1) of Section 50 of the GST Act, interest can be demanded if an assessee fails to pay the tax or any part thereof within the specified period - On plain reading of sub section (1) of Section 73 of the GST Act, it is applicable when any tax has not been paid or short paid. It contemplates that a show Cause Notice is to be issued to the assessee calling upon him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under Section 50 of the GST Act. Assuming that sub section (1) of Section 73 is not applicable, before penalizing the assessee by making him pay interest, the principles of natural justice ought to be complied with before making a demand for interest under sub section (1) of Section 50 of the GST Act. Consequence of demanding interest and non-payment thereof is very drastic - impugned demand has been set aside only on the ground of the breach of the principles of natural justice by granting liberty to the respondents to initiate action in accordance with law obviously for recovery of interest. Hence before recovery interest payable in accordance with Section 50 of the GST Act, a show Cause Notice is required to be issued to the assessee. Hence, no case for interference is made out - appeal dismissed.

Summary

Issues:
1. Challenge to notice of demand for interest under Section 50 of GST Act.
2. Challenge to consequential action of bank account attachment for non-payment of interest.
3. Compliance with principles of natural justice in issuing show cause notice before quantifying interest amount.

Analysis:
1. The appellant argued that no show cause notice was issued to the respondent before quantifying interest amount and attaching the bank account, contending that it was not necessary as the demand was only for interest under Section 50 of the GST Act. However, the Single Judge held that a show cause notice is essential before proceeding with recovery, as per the principles of natural justice. The orders for demand and attachment were quashed, allowing the authorities to proceed lawfully.

2. The appellant further emphasized that since the demand was only for interest and not tax, a notice under Section 73 of the GST Act was unnecessary. The Court, after careful consideration, referred to Section 50(1) which mandates interest payment for delayed tax. The Court highlighted the importance of the assessee being heard to contest any alleged delay in tax payment.

3. The Court analyzed Section 73(1) of the GST Act, which requires a show cause notice for unpaid or short-paid tax. Even if Section 73(1) did not apply, principles of natural justice should be followed before demanding interest under Section 50. The Court emphasized the seriousness of demanding interest and the need for compliance with natural justice principles.

4. Ultimately, the Court agreed with the Single Judge that a show cause notice is necessary before recovering interest under Section 50 of the GST Act. The appeal was dismissed, and the impugned demand was set aside due to a breach of natural justice, allowing the respondents to take lawful action for interest recovery. The Court clarified that the attachment order should also be set aside due to the main interest demand being quashed.

5. The judgment reaffirmed the importance of following due process and principles of natural justice in tax matters, particularly in cases involving interest payments under the GST Act. The decision highlighted the need for proper procedures and fairness in tax recovery actions to protect the rights of taxpayers.