Interest on Late Filing of GSTR-3B - Goods and Services Tax - GST

Rule 88B was amended not no collect interest for delayed filing of GSTR-3B , if there is sufficient balance in the Electronic Cash Ledger with effect form 10.07.2024 . The question is whether the amendment is curative in nature and therefore retrospective. Whether, not giving effect to the amendment from 01.07.2017 would amount to perpetuating the interest collected, which was not due and amounts to violation of Art 265 and 300A . In the agenda for the 53rd Council Meeting, it is stated collection of interest for mere delay in filing GSTR-3B , in cases of sufficient balance in Electronic Cash Ledger does not seem fair and amounts to collection of interest on tax already received by Government. In all fairness, the amendment should have been given retrospective effect from inception and the Council / Government should have shown magnanimity, which could have put an end to the litigation lying at various forums, including writ petitions before High Courts. The Hon ble High Court of Gujarat, in the case of Arya Construction 2024 (7) TMI 239 - GUJARAT HIGH COURT has ruled in favour of petitioner. The revenue has accepted the judgment. A retrospective effect to the amendment would have been respect to the Rule of Law. The prospective amendment appears to be too late and half hearted.