Telangana High Court
For revenue
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
Case-law directory
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
13 rulings found
Telangana High Court
Where tax liability declared in GSTR-1 for December 2018 was discharged only upon filing GSTR-3B in October 2019 though corresponding amount had already been deposited in Electronic Cash Ledger, mere deposit was held not to constitute payment as appropriation occurred only upon debit towards identified liability, consequently intervening period was liable to interest and plea of portal glitches being unsubstantiated did not alter statutory consequence
Punjab & Haryana High Court
Where registered person deposited self-assessed tax belatedly and interest was demanded by authority without initiation of section 73 proceedings, waiver of interest under section 128A was not available since circular permitted waiver only where section 73 was invoked, and self-assessed tax interest liability under section 50 read with section 75(12) was directly recoverable with no scope for waiver in such cases. GST: Where petitioner sought waiver of interest for delayed deposit of self-assessed tax citing discrimination under Article 14, since benefit under waiver scheme applied only to disputed tax arising from section 73 proceedings and not to self-assessed tax, classification between disputed and self-assessed tax was valid, denial of waiver to petitioner was justified and Article 14 challenge was not sustainable
Delhi High Court
Where assessee obtained refund of pre-deposit made during demand proceedings after partial appellate relief and sought interest on delayed refund, authorities had no discretion to deny statutory interest under Section 56 once refund was sanctioned, so liability to pay such interest stood triggered and authorities were obliged to quantify and release due interest
Madras High Court
Where petitioner discharged entire admitted tax before notified date but missed prescribed time limit for amnesty scheme application seeking waiver of interest and penalty, such time limit is mandatory and not directory, yet, in interest of justice, due to full tax payment and revenue protection, ex parte order was set aside and matter remanded for reconsideration after granting reasonable opportunity
Madras High Court
Where petitioner with registrations in Tamil Nadu and Maharashtra received a combined section 73 order and sought waiver of interest or penalty via single SPL-02 under section 128A(1)(b) after tax payment, proper officer could not decline jurisdiction for Maharashtra alone as same officer issued combined order and no statutory basis exists to split jurisdiction, requiring reconsideration
Telangana High Court
Where petitioners sought interest on delayed refund after principal refund was already sanctioned, insistence by authorities on fresh certification and compliance under Rule 89(2)(m) was not warranted, and Proper Officer was required to compute and sanction interest on basis of refund orders without demanding further documentation
Kerala High Court
Where taxpayer filed returns belatedly and had sufficient balance in electronic credit ledger, proviso to section 50(1) as inserted by Finance Act, 2021 applies retrospectively to confine interest liability only to portion of tax paid through electronic cash ledger, not on tax discharged by credit ledger, subject to verification of available credit at relevant time
Madras High Court
Waiver of interest or penalty under section 128A was available where proceedings had been initiated under section 73 even in respect of self assessed tax arising from belated filing of GSTR 3B, non obstante clause in section 75(12) permitting direct recovery under section 79 could not exclude such cases from amnesty scheme once liability was determined under section 73 GST: Waiver of interest or penalty under section 128A having been accepted and Form GST SPL 05 issued, authorities could not subsequently declare such approval void by invoking section 161 except in contingencies specifically contemplated under Rule 164(16) or 164(17) GST: Waiver of interest or penalty under section 128A being governed by mandatory timelines under Rule 164, belated filing of application or payment beyond prescribed period could not be condoned on basis of substantial compliance, and rejection of waiver claim was justified GST: Waiver of interest or penalty under section 128A being subject to mandatory filing timelines under Rule 164, belated or non filing of application on plea of lack of knowledge of section 73 order could not be condoned, and writ petitions were liable to be dismissed
Gujarat High Court
Where petitioner’s original refund application filed on an earlier date was wrongly refused leading to court-directed re-filing, interest under Section 56 must be calculated from original filing date, as initial refusal cannot defer statutory interest; thus, officer’s adoption of later date for interest denial was unsustainable and interest was to be granted from date of first filing
Madras High Court
Where assessee discharged entire tax liability within statutory time but part of payment was mistakenly remitted under IGST head with no such liability, substantial compliance for waiver existed since full payment as per notice was made and rejection solely due to wrong head payment was unsustainable; matter required reconsideration with opportunity to rectify head-wise payment
Madras High Court
Where assessee was found to have availed and utilized ineligible ITC due to discrepancy between GSTR-3B and GSTR-2A, interest under specific provision at 24 percent was rightly imposed from date of utilization till reversal, as utilization through credit ledger attracted liability regardless of cash payment argument, rendering general interest provisions inapplicable and justifying impugned order
Madras High Court
Where petitioner disclosed outward supplies in GSTR-1 for certain periods but failed to discharge corresponding output tax through GSTR-3B on time, mere non-receipt of customer payments or lack of intent to evade tax could not alter statutory liability, but in light of section 128A and GST Council deliberations, such short payments warranted reconsideration under section 73 rather than section 74, hence matter required fresh decision accordingly
Madras High Court
Where petitioner initially discharged GST at a lower rate and later paid differential tax after departmental intimation regarding higher tax rate, liability to pay interest for belated tax payment arose under determination and recovery framework, and obligation to pay interest subsisted irrespective of subsequent payment or willingness to pay in instalments, rendering recovery of such interest under determination and recovery provisions fully justified. GST: Where petitioner initially discharged GST at a lower rate and later paid differential tax after departmental intimation regarding higher tax rate, interest on delayed payment remained payable under determination provisions and reference to extended period in DRC-01 and DRC-07 would not invalidate proceedings; matter required reconsideration of petitioner’s reply in light of business nature for a fresh order