Case Law Details
India Yamaha Motor Private Limited Vs Assistant Commissioner (Madras High Court)
The Hon’ble Madras High Court in M/s India Yamaha Motor Private Limited, v. the Commissioner of CGST & Central Excise [WP.No.19044 of 2019 and WMP. No. 18404 of 2019 dated August 29, 2022 ] has held that in a case where Goods and Services Tax (“GST”) Liability has not been remitted, interest under Section 50 of the Central Goods and Services Tax Act, 2017 (“the CGST Act”) is leviable even if the taxpayer has adequate credit balance in his cash ledger or credit ledger.
Facts:
M/s India Yamaha Motor Private Limited (“the Petitioner”) herein filed a monthly return in Form GSTR 3B for the month of July 2017 but noticed that there was an inadvertent error whereby the data pertaining to its plant at Faridabad was included instead of data pertaining to the Chennai plant. This swap resulted in a short disclosure of liability for the period July to October 2017 leading to the levy of interest. Thereafter, the Petitioner had filed a grievance petition before the Revenue department (“the Respondent”) seeking modification of the return for the month of July 2017 that had not been immediately disposed of/addressed by the Respondent.
Thus, the Petitioner had admittedly not filed monthly returns from the month August to October 2017, on the premise that the proper ascertainment of tax liability for the aforesaid months would be dependent upon the adjudication of its grievance petition.
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THANKS FOR THE VALUABLE INFORMATION