State of Bihar & Ors. Vs Commercial Steel Engineering Corporation (Supreme Court of India)
Supreme Court upheld order of Patna High Court which held that Interest not payable under GST if ITC availed but not utilized. In Commercial Steel Engineering Vs State of Bihar, Patna High Court held that ITC availed but not utilized for tax payment doesn’t invite penal consequences of Section 73 of CGST Act, 2017 and interest cannot be recovered on mere availment of ITC which was not utilized
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
(Arising out of impugned final judgment and order dated 27-06-2019 in CWJC No. 2125/2019 passed by the High Court Of Judicature At
Patna)
Delay condoned.
In the facts situation of the present case, we decline to interfere in this Special Leave Petition.
Accordingly, the Special Leave Petition is disposed of, leaving all questions of law open.
Pending applications, if any, stand disposed of.
