It appears that the issue herein relating to levy of interest on delayed payment of tax on gross tax liability has been taken care of by the CBIC and respondent authorities have been instructed to impose the same on net tax liability. Therefore, there is no purpose in keeping the writ petition pending.
Section 50 of the CGST Act — Interest –- The petitioner challenged interest liability of Rs. 4,81,664/- upon the petitioner by notice dated 17th February 2020.The counsel for the petitioner submitted that without any adjudication process under Section 73 or 74 of the Act, such liability has been imposed. The interest has been calculated for the delay in payment of GST for the financial years 2017-18, 2018-19 and 2019-20. The interest liability now generated is based upon gross tax liability of the petitioner and not on the net tax liability. No determination in that respect has either been made. The respondent counsel submitted that as per the CBIC circular now the interest for delayed payment is being levied on the net tax liability and not on the gross tax liability. The court observed that the issue relating to levy of interest on delayed payment of tax on gross tax liability has been taken care of by the CBIC and respondent authorities have been instructed to impose the same on net tax liability.
Held that:- The Hon’ble High disposed the writ petition.
It appears that the issue herein relating to levy of interest on delayed payment of tax on gross tax liability has been taken care of by the CBIC and respondent authorities have been instructed to impose the same on net tax liability. Therefore, there is no purpose in keeping the writ petition pending.
Section 50 of the CGST Act — Interest –- The petitioner challenged interest liability of Rs. 4,81,664/- upon the petitioner by notice dated 17th February 2020.The counsel for the petitioner submitted that without any adjudication process under Section 73 or 74 of the Act, such liability has been imposed. The interest has been calculated for the delay in payment of GST for the financial years 2017-18, 2018-19 and 2019-20. The interest liability now generated is based upon gross tax liability of the petitioner and not on the net tax liability. No determination in that respect has either been made. The respondent counsel submitted that as per the CBIC circular now the interest for delayed payment is being levied on the net tax liability and not on the gross tax liability. The court observed that the issue relating to levy of interest on delayed payment of tax on gross tax liability has been taken care of by the CBIC and respondent authorities have been instructed to impose the same on net tax liability.
Held that:- The Hon’ble High disposed the writ petition.