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TMI Blog2022 (9) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 50(1) of the CGST Act by substituting the proviso w.e.f. 1st day of July,2017 as per section 112 of the Finance Act, 2021 which has been made effective vide Notification No. 16 of 2021 dated 01.06.2021. - R/SPECIAL CIVIL APPLICATION NO. 18198 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4025 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4487 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 5146 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 5247 of 2020 - - - Dated:- 27-7-2022 - HONOURABLE MR. JUSTICE N.V. ANJARIA AND HONOURABLE MR. JUSTICE BHARGAV D. KARIA R/SPECIAL CIVIL APPLICATION NO. 18198 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4025 of 2020 With R/SPECIAL CIVIL APPLICATION NO. 4487 of 2020 With R/SPECIAL CIVIL APPLICATIO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this group of petitions, the petitioners have challenged the action of the respondents-authorities levying interest on the delayed payment of tax as per section 50 of the Central Goods and Services Tax Act, 2017 [ CGST Act for short] and Gujarat Goods and Services Tax Act, 2017 [ GGST Act for short] on the gross tax liability of the petitioners instead of net liability. 3. Respondent-Superintendent of Central Goods and Services Tax demanded interest on delayed payment of tax under the provisions of CGST Act and GGST Act by calculating the interest on the gross GST liability instead of net GST liability as per section 50(1) of the CGST Act. 4. Learned advocates for the respective petitioners submitted that as per the decision taken i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger. 5.2 Referring to the above proviso it was submitted that as the insertion of the proviso to section 50(1) of the CGST Act w.e.f. 1st day of July,2017 provides for interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39 except where such return is furnished after commencement of any proceedings under section 73 or section 74 of the said per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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