9911796707
TMI Blog2025 (4) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... NOURABLE MR. JUSTICE BECHU KURIAN THOMAS For the Petitioner: By Advs. Jazil Dev Ferdinanto, Jose Jacob, Sreelekshmi Ben, Anne Maria Mathew. For the Respondent: GP Jasmin M.M, SC. P.R Sreejith. ORDER Petitioner challenges Ext.P14 order in original issued by the 3rd respondent as well as Ext.P11 rectification order. 2. Petitioner is engaged in the business of providing marketing and financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t challenging the aforesaid orders. 3. A counter affidavit has been filed on behalf of the 3rd respondent wherein it is pointed out that, as there was no inward inter-state supply for the petitioner during the month of October 2017, IGST credit was unavailable in the credit ledger. However, in order to set off the IGST output tax liability, petitioner wrongly availed the CGST and SGST credit, ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut tax credit available in electronic credit ledger, under any of the heads of IGST, CGST or SGST, can be utilized for payment of liability of IGST....". Hence it cannot be held to be an instance warranting invocation of the proceedings under section 73 of CGST Act. 6. Apart from the above, a Division Bench of this Court had, in Rejimon Padickapparambil Alex v. Union of India and others [2024 KHC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST system treats the electronic ledger as a unified resource and if collectively the available funds fall below the amount of wrongly availing credit during the specified period, interest can be imposed. 7. The Division Bench went on to hold that Section 73 of the Act is attracted only when there is tax not paid or short paid or erroneously refunded or where an input tax has been wrongly availed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... binding decision of this Court. 9. Hence Ext.P14 and Ext.P11 are set aside and the 3rd respondent is directed to pass fresh orders within two months, in the light of the decision in Regimon Padickapparambil Alex (supra). It is clarified that, if in case there is any revenue loss to the Centre in respect of the IGST, it is upon them to take it up with the GST Council with a representation for app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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