2021 (1) TMI 970

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....NOURABLE MR. JUSTICE J.B.PARDIWALA) 1. 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 s....

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.... the Finance (No.2) Act, 2019 with effect from the date 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 se....

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....ken by the GST Council in its 31st meeting held on 22.12.2018, 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 ....

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....n the aforesaid context. 8. It is also argued that the first proviso is manifestly 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 ....