The short point involved in the present writ application is whether the interest under Section 50(1) of the CGST Act, 2017 can be levied on the gross amount or net amount.
Section 50 of the CGST Act — Interest – The court observed that the main issue involved in the present writ application is whether the interest under Section 50(1) of the Act, 2017 can be levied on the gross amount or net amount. The court observed that in the recent budget of 2021-22, an amendment has proposed under Section 103 of the Finance Act to be made applicable with retrospective effect that the interest shall be payable only on the amount where the tax has to be paid in cash and the tax which has been paid through the electronic cash ledger. The counsel for the writ applicant submitted that his client has discharged the entire liability from the electronic credit ledger. Nothing further requires to be adjudicated in the present writ application.
Held that:- The Hon’ble High Court accordingly disposed the application.
The short point involved in the present writ application is whether the interest under Section 50(1) of the CGST Act, 2017 can be levied on the gross amount or net amount.
Section 50 of the CGST Act — Interest – The court observed that the main issue involved in the present writ application is whether the interest under Section 50(1) of the Act, 2017 can be levied on the gross amount or net amount. The court observed that in the recent budget of 2021-22, an amendment has proposed under Section 103 of the Finance Act to be made applicable with retrospective effect that the interest shall be payable only on the amount where the tax has to be paid in cash and the tax which has been paid through the electronic cash ledger. The counsel for the writ applicant submitted that his client has discharged the entire liability from the electronic credit ledger. Nothing further requires to be adjudicated in the present writ application.
Held that:- The Hon’ble High Court accordingly disposed the application.