Case LawWrit Petition Nos.23360 and 23361 of 2019 & WMP Nos.23106 and 23108 of 2019
Refex Industries Ltd. Vs Assistant Commissioner of CGST & Central Excise
- Court:
- High Court
- Bench:
- Madras
- Date:
- January 6, 2020
- Type:
- Writ Petition
Subject
Interest u/s 50 to be levied on Net liability and NOT Gross liability
Summary
1. The specific question for resolution before me is as to whether in a case such as the present, where credit is due to an assessee, payment by way of adjustment can still be termed ‘belated’ or ‘delayed’. The use of the word…
Judgement
The Petitioners are registered as assessee under the provisions of the Central Goods and Service Tax Act, 2017 (in short ‘CGST Act’). The petitioners have admittedly filed Returns of income belatedly for the period 2017-18. Communications dated 07.05.2019 (in W.P.No.23360 of 2019) and 15.05.2019 (in W.P.No.23361 of 2019) computing the delay in filing of Returns and consequently the int…