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TMI Blog2020 (11) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... liability, those have been directed to be kept in the Call Book till retrospective amendment is made in Section 50 of the CGST Act. The present writ petition is disposed of in accordance with the Administrative Instruction dated 18th September, 2020 issued by the Ministry of Finance through the Central Board of Indirect Taxes and Customs. - W.P. (C) 4750/2020 - - - Dated:- 23-10-2020 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE SANJEEV NARULA Petitioners Through: Ms. Kavita Jha, Mr. Shammi Kapoor and Ms. Swati Agarwal, Advocates. Respondents Through: Ms. Sonu Bhatnagar, Sr. Standing Counsel with Ms. Mallika Joshi, Mr. Vaibhav Joshi and Ms. Anushree Narain, Advocates for R-2, 3 4. JUDGMENT MA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax liability w.e.f. 01.07.2017 -reg. Based on the recommendations of the 35th meeting of the GST Council held on 21st June, 2019, the provision of section 50 was amended vide section 100 of the Finance (No. 2) Act, 2019 to provide for charging interest 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 25111August, 2020, w.e.f. 01.09.2020. 2. The GST Council, in its 39th meeting, held on 14th March, 2020 recommended interest to be charged on the net cash tax liability w.e.f. 01.07.2017 and accordingly, recommended the amendment of section 50 of the CGST Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t July, 2017 to 31st August, 2020 field formations have been instructed to recover interest only on the net cash liability i.e. that portion of the tax that has been paid by debiting the electronic cash ledger or is payable through cash ledger. In those cases where show case notices have been issued calling upon the noticees to make payment on gross tax liability, those have been directed to be kept in the Call Book till retrospective amendment is made in Section 50 of the CGST Act. 7. In view of the aforesaid decision taken by the Central Board of Indirect Taxes and Customs, grievance of the petitioner no longer survives. 8. Accordingly, the present writ petition is disposed of in accordance with the Administrative Instruction dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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