The interest amount directed to be paid by the petitioner as well as the penalty proceedings are stayed till further orders.
Section 171 of the CGST Act — Anti Profiteering -- The petitioner challenged the impugned order dated 13th December, 2019 issued by NAPA to the extent it imposes interest at the rate of 18% from the date from which the excess amount was collected by the Petitioner from the buyers till the date of its payment within a period of three months from the date of order. The petitioner prayed for quashing of Rule 133(3)(b) being ultra vires the parent Act and further prayed for a declaration that no interest is chargeable in absence of specific provision regarding imposing of interest under Section 171 of the Act. Further, the principal amount has been repaid to the flat buyers.
Held that:-The Hon’ble Court issued notice and held that in view the orders passed by this Court in Phillips India Limited Vs. Union of India & Ors. [W.P.(C) No.3737/2020] as well as M/s Samsonite South Asia Pvt. Ltd. Vs. Union of India & Ors. [W.P.(C) No.4131/2020] and M/s Patanjali Ayurved Ltd. Vs. Union of India & Ors. [W.P.(C) No.4375/2020], the interest amount as the penalty proceedings are stayed till further orders.
The interest amount directed to be paid by the petitioner as well as the penalty proceedings are stayed till further orders.
Section 171 of the CGST Act — Anti Profiteering -- The petitioner challenged the impugned order dated 13th December, 2019 issued by NAPA to the extent it imposes interest at the rate of 18% from the date from which the excess amount was collected by the Petitioner from the buyers till the date of its payment within a period of three months from the date of order. The petitioner prayed for quashing of Rule 133(3)(b) being ultra vires the parent Act and further prayed for a declaration that no interest is chargeable in absence of specific provision regarding imposing of interest under Section 171 of the Act. Further, the principal amount has been repaid to the flat buyers.
Held that:-The Hon’ble Court issued notice and held that in view the orders passed by this Court in Phillips India Limited Vs. Union of India & Ors. [W.P.(C) No.3737/2020] as well as M/s Samsonite South Asia Pvt. Ltd. Vs. Union of India & Ors. [W.P.(C) No.4131/2020] and M/s Patanjali Ayurved Ltd. Vs. Union of India & Ors. [W.P.(C) No.4375/2020], the interest amount as the penalty proceedings are stayed till further orders.