High Court of Gujarat
Anas Enterprise v. Union of India
R/SPECIAL CIVIL APPLICATION NO. 11064 OF 2025
The ruling in brief
Where taxpayer deposited tax in electronic cash ledger before due dates for certain months but filed GSTR-3B belatedly, and department rejected refund of excess interest by applying Rule 88B prospectively while ignoring Arya Cotton ratio that interest under section 50 runs only till tax deposit, such rejection reflected selective denial and was unsustainable, mandating refund of excess interest deposited by petitioner along with statutory interest
Provisions considered
Section 54, read with section 50, of Central Goods and Services Tax Act, 2017/Gujarat Goods and Services Tax Act, 2017 - Rule 88B of Central Goods and Services Tax Rules, 2017/Gujarat Goods and Services Tax Rules, 2017
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