2020 (10) TMI 467

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....Nos.1 and 3 to 6. Ms.Jyoti Chavan, AGP for Respondent No.2. ORDER P. C. 1. Heard Mr.Raichandani, learned counsel for the petitioner; Mr.Adik, learned counsel alongwith Ms.Maya Majumdar, learned counsel for respondent Nos.1 and 3 to 6; and Ms. Jyoti Chavan, learned AGP for respondent No.2. 2. Petitioner has filed the present writ petition seeking the following reliefs:- "(a)....

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.... Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioners case and after going into the validity and legality thereof and hold that interest would be payable only on the cash component of the liability under section 50 of the Central Goods and Services Tax Act, 2017; ....

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.... amended vide section 100 of the Finance (No.2) Act, 2019 to provide for charging interest on the net cash tax liability. The said amendment was to be made effective from a date to be notified by the Government. Accordingly, the said provision was made effective vide notification No.63/2020 - Central Tax dated the 25th August, 2020, w.e.f. 01.09.2020. 2. The GST Council, in its 39 th meet....

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....nts, as under: a. For the period 01.07.2017 to 31.08.2020 field formations in your jurisdiction may be instructed to recover interest only on the net cash tax liability (i.e. that portion of the tax that has been paid by debiting the eletronic cash ledger or is payable through cash ledger); and b. Wherever SCNs have been issued on gross tax payble, the same may be kept in Call Book till t....