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Case Law Details

Case Name : Srinivasa Stampings Vs Superintendent of GST and Central Excise Hosur (Madras High Court)
Appeal Number : WP. No. 7129 of 2021
Date of Judgement/Order : 08/04/2022
Related Assessment Year :
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Srinivasa Stampings Vs Superintendent of GST and Central Excise (Madras High Court)

Interest has been demanded on the net tax liability of the petitioner on account of belated payment of tax during the aforesaid period under Section 50(1) of the CGST Act, 2017.

Since tax was paid by the petitioner belatedly, petitioner is liable to interest during the period default. There was no excuse for not paying the tax in time from its electronic cash register. Nothing precluded the petitioner from discharging the tax liability from its electronic credit.

If there is a belated payment of tax declared in the returns filed, interest has to follow. The petitioner has to pay the interest on the belated payment of tax and as has been demanded. Even where there is a failure to file returns or circumstances specified under Sections 73 and 74 of CGST Act, 2017, in interest has to be paid.

FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT

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