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2020 (11) TMI 715 - HC - GSTProfiteering - levy of interest at the rate of 18% from the date from which the excess amount was collected by the Petitioner from the buyers till the date of its payment - vires of Rule 133(3)(b) of the CGST/HGST Rules - HELD THAT - Keeping in view the orders passed by this Court in Phillips India Limited Vs. Union of India Ors. W.P.(C) No.3737/2020 2020 (6) TMI 626 - DELHI HIGH COURT as well as M/s Samsonite South Asia Pvt. Ltd. Vs. Union of India Ors. W.P.(C) No.4131/2020 2020 (10) TMI 1031 - DELHI HIGH COURT and M/s Patanjali Ayurved Ltd. Vs. Union of India Ors. W.P.(C) No.4375/2020 2020 (7) TMI 614 - DELHI HIGH COURT , the interest amount directed to be paid by the petitioner as well as the penalty proceedings are stayed till further orders. List on 07th December, 2020.
Issues:
Challenge to impugned order of National Anti-profiteering Authority (NAPA) imposing interest at 18%, Quashing of Rule 133(3)(b) of CGST/HGST Rules, Declaration on chargeability of interest under Section 171 of CGST Act. Analysis: The petition before the Delhi High Court challenges the order issued by the National Anti-profiteering Authority (NAPA) dated 13th December, 2019, which imposed interest at the rate of 18% on the excess amount collected by the Petitioner from buyers until the date of repayment within three months. The Petitioner seeks to quash Rule 133(3)(b) of the CGST/HGST Rules, claiming it is ultra vires the parent Act. Additionally, the Petitioner requests a declaration that no interest should be charged in the absence of a specific provision under Section 171 of the CGST Act. The counsel for the Petitioner informs the Court that the principal amount has been repaid to the flat buyers, prompting the Court to issue notice to the respondents. The Court directs the respondents to file counter affidavits within two weeks, allowing for a rejoinder affidavit before the next hearing date. Notably, the Court refers to previous orders in cases such as Phillips India Limited Vs. Union of India, M/s Samsonite South Asia Pvt. Ltd. Vs. Union of India, and M/s Patanjali Ayurved Ltd. Vs. Union of India, staying the payment of interest amount and penalty proceedings by the Petitioner until further orders. The matter is scheduled for the next hearing on 07th December, 2020, with the order to be uploaded on the website immediately and shared with the counsels via email.
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