Leo Forwarderz vs. The Superintendent Of Gst And Central Excise
(Madras High Court, Tamilnadu)

Case Law
Petitioner / Applicant
Leo Forwarderz
Respondent
The Superintendent Of Gst And Central Excise
Court
Madras High Court
State
Tamilnadu
Date
Jun 28, 2021
Order No.
W.P. No.9094 of 2021 And WMP.Nos.9638 & 9640 of 2021
TR Citation
2021 (6) TR 4357
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Heard Mr.S.Baskaran, learned counsel for the petitioner and Mr.Meganathan, learned Junior Standing Counsel for the respondent.

2. The challenge is to a communication issued by the sole respondent/the Superintendent of GST and Central Excise, calling upon the petitioner to remit an amount of ₹ 7,81,187/- (approx.) as interest for delayed remittance of tax for financial periods 2017-18, 2018-19 and 2019-20 (upto December 2019). The interest has been levied under Section 50 of the Central Goods and Services Tax Act, 2017 (CGST Act) at the rate of 18%.

3. The petitioner had, while admitting liability for the delayed component of tax to be remitted by cash, contended that no interest was payable in terms of tax to be remitted by adjustment of credit available in the electronic register. This position was accepted by the revenue and the standing counsel had computed the break-up of interest, communicating that an amount of ₹ 1,98,416/- was payable towards interest liability on cash payment. The petitioner confirms today that a sum of ₹ 2,01,330/- has been remitted upto date and learned standing counsel would then concede to the position that the balance of the interest towards tax liability by adjustment of credit is liable to be set aside.

4. Thus, as per the decision of this Court in M/s.Maansarovar Motors Private Limited, Represented by its Director, No.292/294, S.F.No.290/2, 291, Mount Poonamallee High Road, Ayyappanthangal, Chennai-600 056 Vs. The Assistant Commissioner, Poonamallee Division, Chennai Outer Commissionerate, C-48, TNHB Building, Anna Nagar, Chennai-600 040 and others (WP.No.28437 of 2019 and batch, dated 29.09.2020), the impugned order is partly set aside, this writ petition disposed in the aforesaid terms. Connected miscellaneous petitions are closed. No costs.

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