Case Law Details
Pazhayidom Food Ventures (P) Ltd Vs Superintendent Commercial Taxes (Kerala High Court)
Kerala HC allows assessee to pay tax in monthly installments due to financial difficulty caused by COVID situation.
Facts of the Case : M/S Pazhayidom Food Ventures (P.) Ltd a private limited company registered as a service provider under the CGST Act 2017 , sought installments facility to pay admitted tax along with interest due to financial difficulties faced by it in Covid pandemic situation . Revenue authorities taking a view that provisions of Act did not provide for payment of admitted amount shown in return in installments, rejected the request
Instant petition was filed . It is stated by the assessee that he intends to pay the arrears of tax due for the assessment year 2018-2019 (November 2018 to March 2019), without contesting the same.
It is the further contention of the petitioner that on account of the present Covid pandemic situation, he is not in a position to generate the funds necessary for making a lump sum payment of the admitted tax for the said period, and it is therefore that he seeks a direction from this Court to permit the petitioner to file the returns without paying the entire admitted tax, but ensuring that the payment of admitted tax, together with interest thereon and applicable late fees etc., is made on or before 31st March 2021.
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Author Bio
Mam,
I read your article “GST Liability – Payment In Installments” dated 23/8/20, I want to know whether this judgement is applicable for GSTR 3B return payment or Annual Return/Demand payment.
Please reply me.