2024 (3) TMI 782 - HC - GST

Levy of interest u/s 50(3) of the West Bengal Goods and Service Tax Act 2017 - wrong availment of Input of Tax Credit and reversal thereof - respondents fairly states that there has been an amendment made in the Finance Act 2022 in Section 50(3) with retrospective effect from 1st July 2017 which entitles the petitioner not to pay the interest on the Input Tax Credit availed and reversed but the same has not been utilized - HELD THAT - The present writ petition is allowed and the impugned order dated 15.10.2020 passed by the respondent no.2 and an order dated 11.01.2022 passed by respondent no.3 are hereby set aside and the petitioner is relegated back to the adjudicating authority for fresh consideration as per law.

Summary

The High Court of Calcutta ruled that interest cannot be levied under Section 50(3) of the West Bengal Goods and Service Tax Act 2017 for wrong availment of Input Tax Credit. The court referred to Circular No. 192/04/2023-GST and previous judgments. An amendment in the Finance Act, 2022 entitles the petitioner not to pay interest on reversed Input Tax Credit. The writ petition was allowed, and the impugned orders were set aside for fresh consideration.