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The only question is as to whether the authorities were right in directing the petitioner for payment of interest on the disputed tax and the penalty thereof. It would be just and proper, the petitioner avails the remedy of appeal.

Section 50 of the IGST Act, 2017 – Interest — -- The petitioner challenged the order dated 18.12.2021 for interest under Section 50 and penalty under Section 122(2) of the Act. It is submitted that the petitioner has reversed the ITC and discharged liability through DRC-03. Payment of interest would arise if it has utilized the credit and as long as the credit is not utilized, payment of interest does not arise. The counsel for the petitioner submitted that Section 50  was amended with retrospective effect, i.e. from 01.07.2017. The court observed that an appeal provision is available with the petitioner.

Held that:- The Hon’ble High Court directed the petitioner to take advantage of the orders of the Hon’ble Supreme Court in calculating the limitation and the pendency of Writ Petition before this Court while filing the appeal.

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