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TMI Blog2020 (10) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... , AGP for Respondent No.2. ORDER P. C. 1. Heard Mr.Raichandani, learned counsel for the petitioner; Mr.Adik, learned counsel alongwith Ms.Maya Majumdar, learned counsel for respondent Nos.1 and 3 to 6; and Ms. Jyoti Chavan, learned AGP for respondent No.2. 2. Petitioner has filed the present writ petition seeking the following reliefs:- "(a) that this Hon'ble Court be pleased to issue a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioners case and after going into the validity and legality thereof and hold that interest would be payable only on the cash component of the liability under section 50 of the Central Goods and Services Tax Act, 2017; (d) that pending the final hearing and disposal of the present p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest on the net cash tax liability. The said amendment was to be made effective from a date to be notified by the Government. Accordingly, the said provision was made effective vide notification No.63/2020 - Central Tax dated the 25th August, 2020, w.e.f. 01.09.2020. 2. The GST Council, in its 39 th meeting, held on 14th March, 2020 recommended interest to be charged on the net cash tax liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion may be instructed to recover interest only on the net cash tax liability (i.e. that portion of the tax that has been paid by debiting the eletronic cash ledger or is payable through cash ledger); and b. Wherever SCNs have been issued on gross tax payble, the same may be kept in Call Book till the retrospective amendment in section 50 of the CGST Act is carried out. 4. Difficulty, if any, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Central Goods and Services Tax Act, 2017. 6. In view of the aforesaid decision taken by the Central Board of Indirect Taxes and Customs, grievance of the petitioner no longer survives. 7. Writ petition is accordingly disposed of in terms of the stand taken by the respondents through the above administrative instructions of the Central Board of Indirect Taxes and Customs. 8. This order w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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