Liability of interest - allegation of undue or excess claim of ...

Case Laws     GST

April 15, 2023

Liability of interest - allegation of undue or excess claim of ITC - By virtue of the Amendment in 2022 that has retrospective effect from 2017, it is only when ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. In the present case, the original error of non-maintenance of ECL is admittedly attributable to the department. Moreover, the petitioner has not utilized the credit. - Liability of interest on ITC, Education Cess and Higher Education Cess, is not in conformity with law and is set aside - HC

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