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TMI Blog2024 (9) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner has chosen not to annex such reply. The petitioner however, insists that this Court should go into the merits of the case and by proceeding on the premise that I.T.C. was available to the credit of the petitioner should set aside the order including the demand raised by the respondents in form GST DRC 07 dated 25th January, 2024 - there are factual issues, which may require detailed scrutiny of records. It is noticed that the statute itself incorporates not only one but two several appellate authorities, one right of appeal succeeding another. Though, the Appellate Tribunal under the said Act is yet to be constituted, the first appellate authority is very much functional. The writ petition cannot be entertained and accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madras High Court while answering an issue in favour of the registered tax payer as to whether the interest can be made levied when an Input Tax Credit (I.T.C.) is available in the credit of a registered tax payer, had concluded that on proper application of Section 50 of the said Act it would appear that the same provides for levy of interest on belated cash payment and not on I.T.C. which is available in the credit ledger. He submits since the credit was available with the department to the credit of the assessee, interest could not have been levied. 6. According to Mr. Choraria, this case is no different from the judgment delivered in the case of M/s. Refex Industries Limited (supra). He would submit that on such ground the present writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch reply. The petitioner however, insists that this Court should go into the merits of the case and by proceeding on the premise that I.T.C. was available to the credit of the petitioner should set aside the order including the demand raised by the respondents in form GST DRC 07 dated 25th January, 2024. In my view, there are factual issues, which may require detailed scrutiny of records. 12. I, however, notice that the statute itself incorporates not only one but two several appellate authorities, one right of appeal succeeding another. Though, the Appellate Tribunal under the said Act is yet to be constituted, the first appellate authority is very much functional. 13. Independent of the above, the order impugned has been passed on 25th Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X
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