2022 (8) TMI 368

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....ity before adjusting input tax credit available in the credit ledger vide Demand Information Notice DIN-20200262WJ00005DF3DE in Communication bearing C.No. GST/01/INTEREST/BBSRIX/2020/64, dated 18th February, 2020 (Annexure-3) for belated payment of tax for the periods 2017-18, 2018-19 and 2019-20 (upto December, 2019), the petitioner has approached this Court invoking extraordinary jurisdiction under Article 226/227 of the Constitution of India with the following prayers: "i) issue a writ in the nature of certiorari quashing the DIN dated 20.02.2020 levying interest by the opposite party No.4 under Annexure-3; ii) issue a writ in the nature of mandamus or issue any appropriate writ declaring that the interest under Sectio....

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....lity of Rs.11,97,31,567.16 against input tax credit of Rs.15,47,80,179.53. Therefore, after filing of return, the balance input tax credit available stood at Rs.3,51,27,204.37. In the similar fashion the petitioner has discharged its interest liability. The grievance of the petitioner in the writ petition is that despite it discharged its interest liability in terms of Section 50(1) of the CGST Act, the opposite party No.4-Superintendent of GST & Central Excise, Bhubaneswar-IX Range issued Demand Information Notice dated 18.02.2020 calling upon the petitioner to pay interest for the tax periods relating to 2017-18, 2018-19 and 2019-20 (upto December, 2019). 4. The learned counsel for the Petitioner referring to Ground (F) of Paragraph....

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....vices Act, in sub-section (1), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely, :- 'Provided that the interest on tax payable in respect of supplies made during the 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 be payable on that portion of the tax which is paid by debiting the electronic cash ledger.'" [Emphasis supplied] It is, therefore, submitted by the learned counsel for the petitione....