The appellant assesse will continue to pay the current GST dues without seeking any concession on account of the payment in terms of this order. Immediately upon the first installment payment being made in terms of this order, the order cancelling the GST registration of the appellant assesse will stand annulled and the respondent authorities should immediately restore the assesse’s access to the relevant portal and all other facilities as in any normal case.
Section 29, 30 of the CGST Act, 2017—Registration -– The appellant submitted that the ITC due to them has been overlooked on account of non-payment of the tax due. It is accepted on the part of the respondent authorities that upon the payment of the tax due, the assesse may be entitled to ITC. The total amount due comes to Rs. 43,49,50,071/- and the appellants sought to pay off such amount, subject to the adjustment on account of the appeals and ITC, in 24 monthly installments. The court observed that the adjustment on account of the orders passed in the appeals and on account of ITC, if any, will be only against the last installment. In default of payment of any installment within the time permitted, the balance amount then due will become automatically payable and it will be open to the respondent to proceed for realization in accordance with law. The appellant assesse will also be liable to pay interest on reducing balance basis on the tax due component of the total amount less any adjustment on account of appellate orders or ITC.
Held that:- The Hon’ble High Court directed that immediately upon the first installment payment being made in terms of this order, the order cancelling the registration of the appellant dated February 10, 2021 will stand annulled. However, it will be open to the respondent authorities to cancel the registration within 15 days of any default in payment in terms of this order.
The appellant assesse will continue to pay the current GST dues without seeking any concession on account of the payment in terms of this order. Immediately upon the first installment payment being made in terms of this order, the order cancelling the GST registration of the appellant assesse will stand annulled and the respondent authorities should immediately restore the assesse’s access to the relevant portal and all other facilities as in any normal case.
Section 29, 30 of the CGST Act, 2017—Registration -– The appellant submitted that the ITC due to them has been overlooked on account of non-payment of the tax due. It is accepted on the part of the respondent authorities that upon the payment of the tax due, the assesse may be entitled to ITC. The total amount due comes to Rs. 43,49,50,071/- and the appellants sought to pay off such amount, subject to the adjustment on account of the appeals and ITC, in 24 monthly installments. The court observed that the adjustment on account of the orders passed in the appeals and on account of ITC, if any, will be only against the last installment. In default of payment of any installment within the time permitted, the balance amount then due will become automatically payable and it will be open to the respondent to proceed for realization in accordance with law. The appellant assesse will also be liable to pay interest on reducing balance basis on the tax due component of the total amount less any adjustment on account of appellate orders or ITC.
Held that:- The Hon’ble High Court directed that immediately upon the first installment payment being made in terms of this order, the order cancelling the registration of the appellant dated February 10, 2021 will stand annulled. However, it will be open to the respondent authorities to cancel the registration within 15 days of any default in payment in terms of this order.