https://www.taxtmi.com/caselaws?id=760417 HC held that interest and penalty cannot be levied on wrongly availed ITC unless it is both availed and utilized. Petitioner had wrongly claimed ITC due to error in GSTR-09 filing but never utilized it, maintaining sufficient credit balance. Court noted Section 50(3) amendment with retrospective effect from July 2017 supports this position. Following precedent, HC concluded that mere availment without utilization does not attract interest liability. Payment from electronic credit ledger instead of cash ledger was also noted. Orders demanding interest and penalty were set aside and quashed. en-us Thu, 18 Jul 2024 00:00:00 +0530 Tue, 13 May 2025 10:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760417 HC held that interest and penalty cannot be levied on wrongly availed ITC unless it is both availed and utilized. Petitioner had wrongly claimed ITC due to error in GSTR-09 filing but never utilized it, maintaining sufficient credit balance. Court noted Section 50(3) amendment with retrospective effect from July 2017 supports this position. Following precedent, HC concluded that mere availment without utilization does not attract interest liability. Payment from electronic credit ledger instead of cash ledger was also noted. Orders demanding interest and penalty were set aside and quashed. Case-Laws GST Thu, 18 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760417