Kic Mrtaliks Limited v. Joint Commissioner, Large Tax Payers Unit & ORS

11.2.2022 ks sl. No.93 W.P.A. 14386 of 2019 KIC Metaliks Limited Vs.

Joint Commissioner, Large Tax Payers Unit & Ors. Mr. Anil Dugar, Mr. Rajarshi Chatterjee, Mr. Piyal Gupta .......for the petitioner.

Mr. A. Ray, Mr. T.M. Siddiqui, Mr. D. Ghosh.

.......for the State.

Both the parties are present.

In this matter, the petitioner has challenged the impugned order dated 5th July, 2019 in connection with interest under Section 50 Sub-Section (1) of the GST Act relating to the period November, 2017 to February, 2018 and this writ petition was filed on 29th July, 2019. The petitioner submits that during the pendency of this writ petition, Section 50 Sub-Section (1) of the GST Act has been amended by the Finance Act, 2021 under Section 112 of the Finance Act which is quoted hereunder:- "112. In Section 50 of the Central Goods and Services Tax 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 that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of Section 39, except where such return is furnished after commencement of any proceedings under Section 73 or Section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger." In view of this legal position as stands today and in view of this amendment, the impugned order relating to interest in question is not sustainable in law and is set aside.

Accordingly, the writ petition being W.P.A. No.14386 of 2019 is disposed of.

However, setting aside of the impugned demand notice will not prevent the respondent to recalculate the demand after taking into consideration the aforesaid amendment of Section 50 Sub-Section (1) of the GST Act. (Md. Nizamuddin, J.)