HC Directs Assessee to Approach Dept. Seeking Redetermination of Interest Demand As Per Retrospective Amendment
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Case Details: Swift Motors v. Superintendent Central Goods & Service tax - [2024] 159 taxmann.com 70 (Rajasthan)
Judiciary and Counsel Details
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- Arun Bhansali & Yogendra Kumar Purohit, JJ.
- Lokesh Mathur for the Petitioner.
- Rajvendra Saraswat & Arpit Mehta for the Respondent.
Facts of the Case
The petitioner, a registered person, was issued notice demanding interest under Section 50 of the Central Goods and Services Tax Act, 2017 (CGST Act). The petitioner was issued notice whereby it was called upon to deposit interest amounting to Rs. 22,94,722/- within a period of three days. It filed writ petition and submitted that in view of the retrospective amendment to Section 50 of the Act, the demand raised by the department requires to be re-determined.
High Court Held
The Honorable High Court noted that during the pendency of the petition, the provisions of Section 50 of the CGST Act, 2017 have undergone change by the Finance Act, 2019, whereby proviso to Section 50 was inserted vide Section 100 of the said Finance Act, 2019. Whereafter, further amendment has taken place by the Finance Act, 2021, wherein by Section 112 of the said Finance Act, 2021, proviso has been given a retrospective effect and has been made applicable w.e.f. 01.07.2017.
Therefore, the Court disposed of the petition and directed petitioner to approach revenue indicating payable amount and seeking re-determination of demand in line with amended provisions of Section 50.
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