TMI Blog2022 (8) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... - W.P.(C) No. 10277 of 2020 - - - Dated:- 11-7-2022 - JUSTICE JASWANT SINGH AND JUSTICE M.S. RAMAN Petitioner M/s. Rudra Prasad Kar, Sriman Arpit Mohanty and Bhabani Prasad Mohanty, Advocates Opposite Parties Sri Radheshyam Chimanka, Senior Standing Counsel for Central CT GST and Customs ORDER (Oral) 1. This matter is taken up by virtual/physical mode. 2. Questioning the jurisdiction of the Assessing Authority in levying interest under Section 50 of the Central Goods and Services Tax Act, 2017 (in short CGST Act ) on the gross GST liability before adjusting input tax credit available in the credit ledger vide Demand Information Notice DIN-20200262WJ00005DF3DE in Communication bearing C.No. GST/01/INTEREST/BBSRIX/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on its own and paid. While making such payment of interest, it has taken into account net GST liability, i.e., after adjusting the input tax credit available in its credit ledger. To demonstrate the petitioner has placed before this Court the fact that for the month of April, 2019, the petitioner had tax liability of Rs.11,97,33,567.16 and input tax credit available at electronic credit ledger was at Rs.8,11,42,936.00 and input tax credit available during the month was Rs.7,36,37,243.53. Accordingly, the petitioner made adjustment of tax liability of Rs.11,97,31,567.16 against input tax credit of Rs.15,47,80,179.53. Therefore, after filing of return, the balance input tax credit available stood at Rs.3,51,27,204.37. In the similar fashion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d period, shall be levied on that portion of the tax that is paid by debiting the electronic cash ledger. It is further submitted by Mr. Rudra Prasad Kar, Advocate assisted by Sriman Arpit Mohanty, Advocate that the said proviso suffered substitution by virtue of the Finance Act, 2021 [Act No.13 of 2021] which would remove all the ambiguity. For benefit Section 112 of the Finance Act, 2021 relating to amendment of the Central Goods and Services Tax Act, 2017, is extracted hereunder: In Section 50 of the Central Goods and Services Act, in sub-section (1), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely, :- Provided th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rintendent, GST Central Excise, Cuttack-VI Range, CDA (Opposite Party No. 4) for a fresh order in the light of the said amendment. 6. Mr. Radheshyam Chimanka, learned Senior Standing Counsel for Central GST does not object to aforesaid position. 7. Taking into consideration the conceded position, this Court is inclined to allow this writ petition by setting aside the Demand Information Notice DIN-20200262WJ00005DF3DE in Communication bearing C.No. GST/01/INTEREST/BBSRIX/2020/64, dated 18th February, 2020 (Annexure-3) and remand the matter to the Superintendent, GST Central Excise, Bhubaneswar-IX Range for reconsideration of the matter taking into consideration the amendment carried out by virtue of the Finance Act, 2021. 8. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
