2021 (5) TMI 418 - HC - GST

Amendment to Section 50 of CGST Act 2017 confirmed by High Court

The High Court of Telangana confirmed that the amendment to Section 50 of the CGST Act, 2017 was made effective from 01.07.2017 by the Finance Act, 2021. ... Amendment to Section 50 of the CGST Act, 2017 - HELD THAT:- The letter of the Principal Commissioner, Office of the Principal Commissioner of Central Tax, Hyderabad GST Commissionerate, Bhasheerbagh, Hyderabad, is placed on record, which states that the amendment to Section 50 of the CGST Act, 2017 is made effective from 01.07.2017 as per the Finance Act, 2021. Petition closed. Issues:Amendment to Section 50 of the CGST Act, 2017 made effective from 01.07.2017 by the Finance Act, 2021.Analysis:The judgment delivered by the High Court of Telangana, with Honourable Sri Justice M.S. Ramachandra Rao and Honourable Sri Justice T. Vinod Kumar presiding, revolved around the amendment to Section 50 of the CGST Act, 2017. The case involved a memo filed by the Assistant Solicitor General, enclosing a letter dated 26.04.2021 from the Principal Commissioner of Central Tax, Hyderabad GST Commissionerate. The letter stated that the amendment to Section 50 of the CGST Act, 2017 had been made effective from 01.07.2017 by the Finance Act, 2021, and the provisions of Clause 112 of the Finance Act, 2021 would satisfy the claim of the petitioner.During the proceedings, M.V.K. Murthy, Senior Counsel for the petitioners, acknowledged the contents of the aforementioned letter and requested that it be recorded, leading to the closure of the matter. The court noted the submission and placed the letter on record, confirming that the amendment to Section 50 of the CGST Act, 2017 was indeed made effective from 01.07.2017 as per the Finance Act, 2021. Consequently, the Writ Petition was closed by the court, with no order as to costs. Additionally, any miscellaneous petitions pending were also directed to stand closed as a result of the judgment.