TaxTMI 
TaxTMI 
2021 (1) TMI 970
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.... We have heard Mr. Abhishek Rastogi, the learned counsel assisted by Mr.Bhavesh Choksi, the learned counsel appearing for the writ applicants. 2. It appears from the materials on record that the writ applicant No.1 is a limited company engaged in the manufacture of wide range of writing instruments like Ball Pens, Gel Pens, Fountain Pens etc. 3. The subject matter of challenge in the present lit....
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....e yet to be notified reads as under: "Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall b....
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....wherein, the Council unanimoulsy decided that interest is not payable for the delayed payment of tax through electronic credit ledger i.e. interest is applicable only on the "net liability". 6. Mr. Rastogi invited the attention of this Court to the Press Release dated 22.12.2018 (at Annexure-D, at page 36 of the paper-book). The relevant part thereof reads thus: "2. Amendment of section 50 of ....
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.... arbitrary as its create differently treatment between two classes of persons (i) who self assessed payment of tax after duly filing of the tax returns pursuant to the investigation and (ii) who fails to file a return in time and pays tax on account of delayed in filing of return in terms of Section 39 (1) of the CGST Act. Thus, the writ applicant is aggrieved by its exclusion from the proviso to ....