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2022 (4) TMI 1520 - BOMBAY HIGH COURTInterest for delayed payment - Petitioner had merely deposited the amount in the Electronic Cash Ledger but did not accept it as a tax liability and deposited by furnishing GSTR-3B Return - whether this can be considered as payment of tax and interest need not be demanded as per Section 50 of the Central Goods and Service Tax Act, 2017 - Petitioner is a Semi Government Agency - HELD THAT:- In the Petition and rejoinder the Petitioner has placed on record various factual aspects to demonstrate that for some period the Petitioner may have made the payment late but for substantial period the Petitioner has not defaulted in making payment in time. The learned Counsel for the Petitioner points out to us that there is no distinction made between this period in the impugned order and the Petitioner is liable to pay the interest for the entire period i.e. from February 2020 to January 2021. In the rejoinder, the Petitioner has placed before us a chart to demonstrate that periodical payments made during this period was as per the prescribed period specified under Section 50 of the CGST Act, 2017. The Petitioner has also sought to contend that the amounts which were available to the Petitioner as the Input Tax Credit should be considered while calculating the liability under Section 50 of the CGST Act, 2017. This aspect is also not considered by the Deputy Commissioner. The learned Counsel for the Respondents has sought to contend that availability of the Input Tax Credit cannot be considered for the purpose of Section 50 of the CGST Act, 2017 - both, the mentioned factual aspect and legal aspect having been not considered and considering the fact that the Petitioner is a Semi Government Agency, the matter needs to be re-examined by the Deputy Commissioner. Petition disposed off by way of remand.
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