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Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
The HC dismissed the writ petition challenging GST interest and penalty demands. The petitioner paid disputed tax belatedly, resulting in interest levy under Section 50(1) CGST/TNGST Act, 2017 r/w Rule 88B CGST Rules, 2017, which the Court upheld as non-interferable. Regarding the penalty of Rs. 5,72,052/- imposed under Section 73(9) r/w Section 122(2)(a) CGST/TNGST Act, 2017, the HC granted liberty to challenge through statutory appeal under Section 107, subject to 10% pre-deposit requirement within 30 days. The Appellate Commissioner was directed to consider the appeal without reference to limitation. The Court declined interference on natural justice grounds at writ stage, leaving the penalty issue for appellate adjudication while confirming the interest demand.
The HC dismissed the writ petition challenging GST interest and penalty demands. The petitioner paid disputed tax belatedly, resulting in interest levy under Section 50(1) CGST/TNGST Act, 2017 r/w Rule 88B CGST Rules, 2017, which the Court upheld as non-interferable. Regarding the penalty of Rs. 5,72,052/- imposed under Section 73(9) r/w Section 122(2)(a) CGST/TNGST Act, 2017, the HC granted liberty to challenge through statutory appeal under Section 107, subject to 10% pre-deposit requirement within 30 days. The Appellate Commissioner was directed to consider the appeal without reference to limitation. The Court declined interference on natural justice grounds at writ stage, leaving the penalty issue for appellate adjudication while confirming the interest demand.
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