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2022 (10) TMI 996 - HC - GSTDemand of interest under Section 50 of the Central Goods and Services Tax Act, 2017 - Period between July, 2017 and October, 2019 - HELD THAT - It is appropriate that the petitioner file a reply to notice dated 04.02.2020, setting out the proper interest payable, according to it. Let the amount be re-determined by the authority in light of the decision of this Court in the case of M/S. MAANSAROVAR MOTORS PRIVATE LIMITED VERSUS THE ASSISTANT COMMISSIONER, THE SUPERINTENDENT OF GST CENTRAL EXCISE, THE BRANCH MANAGER 2020 (11) TMI 107 - MADRAS HIGH COURT , within a period of four (4) weeks from today, after hearing the petitioner - it was held in the said case that Learned counsel for the petitioner states that the interest liability relating to belated payment of tax both by cash and reversal of ITC has been coercively recovered - With the insertion of the proviso to be taken to be retrospective, these writ petitions are allowed. In light of the alleged demand for interest, the respondent has attached the bank account of the petitioner in Axis Bank Limited, Anna Salai, Chennai in Form GST DRC-13. The attachment shall continue till such time re-computation is effected, as stipulated supra, and subject to the same - petition disposed off.
Issues: Challenge to notice of demand of interest under Section 50 of the Central Goods and Services Tax Act, 2017 (CGST Act) for various months between July 2017 and October 2019.
Analysis: The petitioner challenged a notice of demand of interest under Section 50 of the CGST Act for specific months. The petitioner did not respond to the notice but claimed that the computation of the demand was incorrect. The court directed the petitioner to file a reply to the notice, specifying the correct interest payable according to them. The authority was instructed to re-determine the amount considering a previous court decision within four weeks after hearing the petitioner. The respondent had attached the petitioner's bank account in Axis Bank Limited, Anna Salai, Chennai, in Form GST DRC-13 due to the alleged demand for interest. The attachment was to continue until the re-computation of the amount was completed as per the court's directive. Both writ petitions were disposed of without costs, and connected miscellaneous petitions were closed.
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