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Stay order in respect of interest on the ITC, which was lying to the credit of the petitioner assessee

Interest — In the instant case, petitioner is seeking to recover the interest of Rs.5.95.183/- under section 50(1) of the CGST Act 2017 by holding it as illegal, arbitrary, unjust, without authority of law and without jurisdiction impinging Articles 14, 19(1)(g) and 265 of the Constitution of India. Held that—Considering facts that as per Section 50 of the Central Goods and Services Act, 2017, interest is payable on the delayed payment of tax and that as per the interest statement filed along with the impugned letter, dated 07.02.2020, there was delay in filing GSTR-3B and hence, interest on 'cash set off and ITC set off has been calculated and payment thereof has been asked for, recovery of interest against the petitioner, insofar it relates to 'I.T.C. set off, shall remain stayed.

Srinidhi Marketing Vs. Union of India [2020] 21 TAXLOK.COM 093 (Andhra Pradesh)