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This Court is inclined to allow this writ petition by setting aside the Demand Information Notice and remand the matter to the Superintendent, GST & Central Excise, for reconsideration of the matter taking into consideration the amendment carried out by virtue of the Finance Act, 2021.

Section 50 of the CGST Act, 2017 — Interest —-- The petitioner challenged the levy of interest under Section 50 of the Act on the gross GST liability before adjusting ITC. The petitioner counsel submitted that through proviso inserted in sub-section (1) of Section 50 with effect from 01.08.2019 clearly provided that interest would be levied only on that part of the tax which is paid in cash.

Held that:- The Hon’ble High Court set aside the Demand Notice and remanded the matter to the respondent for reconsideration of the matter taking into consideration the amendment carried out by virtue of the Finance Act, 2021.

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