Petition Resolved on Installments & Interest: Relief Granted under Bihar GST Act The petitioner sought relief for acceptance of the assessed amount in installments under the Bihar Goods and Services Tax Act, 2017. The State confirmed ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Petition Resolved on Installments & Interest: Relief Granted under Bihar GST Act
The petitioner sought relief for acceptance of the assessed amount in installments under the Bihar Goods and Services Tax Act, 2017. The State confirmed no recoveries for interest on delayed tax payments per Notification-no-63/2020. The petition was closed as the State and petitioner's counsel aligned on this. The revocation of bank account attachment upon the first installment payment was requested, with the State acknowledging technical limitations and no interest recoveries. The petition was disposed of based on this assurance. The petition for quashing the assessment order was resolved without delving into specifics due to State's stance on interest recoveries. The declaration of bank account attachment as illegal was addressed through the State's assurance on interest recoveries. Compliance with Notification-no-63/2020 led to the closure of the proceedings.
Issues: 1. Relief sought for acceptance of assessed amount in installments under Bihar Goods and Services Tax Act, 2017. 2. Revocation of bank account attachment upon payment of first installment. 3. Quashing of assessment order dated 29.12.2018 under sections 73(9) and 50 of the Act 2017. 4. Declaration of the bank account attachment as illegal and violative of natural justice. 5. Compliance with Notification-no-63/2020 dated 25th August 2020 regarding interest on delayed payment of tax.
Analysis: 1. The petitioner sought relief for the acceptance of the assessed amount in installments under the Bihar Goods and Services Tax Act, 2017. The State, through an affidavit, clarified that no recoveries would be made for interest charged on delayed tax payments for the past period, as per the Notification-no-63/2020. The petitioner's counsel affirmed this stand, leading to the closure of the proceedings.
2. The petitioner requested the revocation of the bank account attachment upon payment of the first installment. The State's affidavit, supported by the petitioner's counsel, acknowledged the technical limitations and clarified that no recoveries would be made for interest on delayed tax payments for the past period. This assurance contributed to the disposal of the petition.
3. The petitioner sought a writ for quashing the assessment order dated 29.12.2018 under sections 73(9) and 50 of the Act 2017, citing it as contrary to the law and notifications issued under the Act. However, the State's stand, as per the affidavit and circular by CBIC, regarding the interest on delayed tax payments, led to the disposal of the petition without delving into the assessment order's specifics.
4. The petitioner requested a declaration that the bank account attachment was illegal, arbitrary, and violated natural justice principles. The State's clarification and assurance regarding interest recoveries for delayed tax payments, as per the circular by CBIC, addressed the concerns raised by the petitioner, leading to the disposal of the petition without a separate ruling on the attachment issue.
5. The compliance with Notification-no-63/2020 dated 25th August 2020, concerning interest on delayed tax payments, played a crucial role in the disposal of the petition. The State's stance, supported by the petitioner's counsel, regarding no recoveries for interest on delayed tax payments for the past period aligned with the relief sought by the petitioner, resulting in the closure of the proceedings.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.