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TMI Blog2022 (7) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Zone Odisha at Cuttack in Appeal Case Nos. AD2111210042370, AD211121004257Y, AD2111210042718 and AD211121004312A relating to tax periods for four years i.e. 2017-18, 2018-19, 2019-20 & 2020-21 whereby the appeal has been summarily rejected under Section 107 of the Odisha Goods and Services Tax Act, 2017 (for short, 'the OGST Act'), the Petitioner has come up before this Court for grant of stay of recovery of demand of interest calculated on delayed payment of admitted tax. 3. It is averred that though remedy of appeal under Section 112 of the OGST Act is available to challenge the appellate order, the Petitioner is precluded as yet no Tribunal has been constituted. The grievance of the Petitioner is that on the one hand the appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udication of the merit of the case the prerequisite deposit is mandatory. Since the Taxpayer appellant has not paid and furnished the proof of payment which is mandatory pre-deposit of interest in full under section 107(6)(a) of the OGST Act, 2017, there is no scope to go into and examine the merit of the contentions raised by the appellant. Considering the same, the explanation of the Taxpayer appellant is not satisfactory as the dealer appellant has not paid and furnished the proof of payment which is mandatory pre-deposit of interest in full under section 107(6)(a) of the OGST Act, 2017. So the explanation of the Taxpayer appellant has no merit for consideration at present and the appeal petition filed under the Odisha Goods and Services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 50 passed assessment order(s) under Section 75(12) of the OGST Act. The Senior Counsel submitted that proper opportunity was not afforded to the Petitioner to explain. He also disputed the quantum of determination of interest liability. 7. It is conceded that the Petitioner has deposited the admitted tax belatedly. Perusal of assessment order dated 17th September, 2021 vide Annexure-1 shows that the assessing authority has taken note of extension of the period of filing of return and proceeded to levy interest by verifying the returns that the Petitioner has not paid any interest on the belated payment of admitted tax. Reading of Section 50(1) makes it abundantly clear that interest has to be computed by the tax payer "on his own". Nee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submitted that since all the bank accounts as well as the companies with whom the Petitioner has transaction are issued with recovery intimations U/s. 79 of the CGST/OGST Act, 2017 it is not possible on the part of the Petitioner to make payment of the aforesaid amount Rs.5,00,00,000/- unless one of the accounts maintained by the Petitioner is defreezed to enable the Petitioner to make payment of Interest amount of Rs.5,00,00,000/-. This Hon'ble Court permitted the Petitioner to specify the name of the bank whichwill be allowed to be defreezed to enable the Petitioner to make such deposit of Rs.5,00,00,000/- towards interest. The Petitioner furnishes the following bank details to enable him to make the deposit which enumerates as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to deposit the entire admitted interest at one go. Therefore, he prayed for lifting forthwith the attachment on the Bank as aforesaid in para-8 to enable it to deposit Rs.5,00,00,000/-(rupees five crores only) within 48 hours and the Petitioner undertakes to deposit rest of the amount out of Rs.9,25,43,693.52 in two equated fortnightly instalments but not later than 16th August, 2022. 11. Upon such deposit of the aforesaid amount, the Revenue/Opposite Parties shall forthwith ensure the withdrawal of all the attachments made in pursuance of the original demand(s). The prayer of the Senior Counsel for the Petitioner is allowed. 12. The writ petitions (four) along with the I.As. are disposed of in the aforesaid terms. Issue urgent certif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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