2021 (11) TMI 715 - HC - GST

Court Upholds Interest on Tax Liability Appeal, Citing Administrative Instructions

The court upheld the appellate order imposing interest on gross tax liability under Section 50 of the JGST Act, 2017 for various periods. The petitioner's ... Levy of Interest - Section 50 of the Jharkhand Goods and Services Tax Act, 2017 - HELD THAT:- The issue relating to levy of interest on net tax liability under Sect ion 50 of the JGST Act, 2017 shall stand governed by the decision in the case of [2021 (3) TMI 645 - JHARKHAND HIGH COURT] where it was held that Petition disposed off. Issues:Challenge to appellate order upholding interest on gross tax liability under Section 50 of JGST Act, 2017 for various periods.Analysis:The writ petitions challenge a common appellate order dated 22nd February 2021 passed by the Joint Commissioner of State Tax (Appeal), Dhanbad Division, upholding interest on gross tax liability under Section 50 of the JGST Act, 2017 for different periods. The petitioner's appeal against the adjudication order levying interest on gross tax liability was dismissed. The petitioner had a gross tax liability of Rs. 25,52,42,916, out of which Rs. 4,26,21,158 was adjusted through Input Tax Credit (ITC), and the remaining amount was discharged using Electronic Cash Ledger. The petitioner contended that interest was paid on the Net Tax Liability from February 2019 to July 2019. The petitioner argued that a similar order upholding interest on gross tax liability was passed earlier for a different period, which was challenged in a previous batch of writ petitions. The court noted administrative instructions from the Central Board of Indirect Taxes and Customs regarding the recovery of interest on net tax liability from a specific date. The State authorities were imposing interest on net tax liability following these instructions.The State authorities reiterated their stance in the current cases, aligning with the administrative instructions issued by the CBIC. The court considered the submissions of both parties and the previous order related to a similar issue involving the same petitioner. The court found no need for a fresh determination on the levy of interest on gross tax liability as the issue was already addressed in the previous order. The court quoted the operative part of the previous order, which stated that the writ petitions challenging the appellate order were disposed of based on the stand of the respondent State and reserved liberty for the petitioner to approach the court if interest on gross tax liability was realized for the subject period covered under the appellate order. Consequently, the writ petitions were disposed of in accordance with the previous order and the submissions made by the parties.