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TMI Blog2025 (2) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the petitioner to treat the impugned order as a Show Cause Notice and submit its objections along with supporting documents/material within a period of two (2) weeks from the date of receipt of a copy of this order.
Petition disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant Rule 88B of the GST Rules reads as under: "88B. Manner of calculating interest on delayed payment of tax.-(1) In case, where the supplies made during a tax period are declared by the registered person in the return for the said period and the said return is furnished after the due date in accordance with 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, the interest on tax payable in respect of such supplies shall be calculated on the portion of tax which is paid by debiting the electronic cash ledger, for the period of delay in filing the said return beyond the due date, at such rate as may be notified under sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said return, whichever is earlier, if the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, on account of payment of tax through the said return; or (b) the date of debit in the electronic credit ledger when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, in all other cases." 4. According to the petitioner, if Rule 88B had been duly considered, the levy of interest would be impermissible inasmuch as there was adequate balance in the electronic cash ledger during the relevant period, however, the same is rejected by the respondent on the premise that the tax payer had not maintained sufficient balance in the electronic cash led ..... X X X X Extracts X X X X X X X X Extracts X X X X
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