2023 (10) TMI 637 - HC - GST

Amendment made to the Bihar Goods and Services Tax Act, 2017 by the Bihar Goods and Services Tax (Amendment) Act, 2021 specifically to Section 50 which is available in Section 6 of the Amendment Act - HELD THAT - It is seen from the amendment that the proviso was incorporated by way of a substitution with effect from 1st of July, 2017 which takes in the relevant assessment year of the petitioner also, i.e. 2017-2018. In the above circumstance of a retrospective amendment having coming into the Act, it is opined that the Assessing Officer should reconsider the issue - matter shall be restored to the file of the Assessing Officer who shall consider the same after issuing notice to the petitioner. Petition allowed.

Summary

Issues involved:
The issue involved in this case pertains to the retrospective amendment made to the Bihar Goods and Services Tax Act, 2017, specifically Section 50, and its impact on the interest charged on the petitioner for the assessment year 2017-2018.

Details of the Judgment:

Retrospective Amendment to Section 50:
The petitioner relied on an amendment to the Bihar Goods and Services Tax Act, 2017 by the Bihar Goods and Services Tax (Amendment) Act, 2021, which specifically amended Section 50. The proviso in Section 50, which was considered for the assessment year 2017-18, could have prevented the charging of interest on the petitioner. The amendment incorporated the proviso by way of a substitution with effect from 1st of July, 2017, which aligns with the relevant assessment year of the petitioner, i.e., 2017-2018.

Reconsideration by Assessing Officer:
Considering the retrospective nature of the amendment, the court opined that the Assessing Officer should reconsider the issue. The impugned order claiming interest for the delayed filing of returns was set aside for the purpose of reconsideration by the Assessing Officer. The Officer is directed to base the reconsideration on the substituted proviso and any relevant circulars. The matter is to be restored to the file of the Assessing Officer, who is instructed to consider the issue after issuing notice to the petitioner.

Conclusion:
With the above observations and directions, the writ petition was allowed, providing relief to the petitioner in terms of the interest charged. The Assessing Officer is tasked with reviewing the matter in light of the retrospective amendment to Section 50 of the Bihar Goods and Services Tax Act, 2017.