No Interest or Penalties for Wrongly Availed but Unutilized ITC: Calcutta HC

Utpal Das Vs State of West Bengal & Ors. (Calcutta High Court)

In a significant ruling, the Calcutta High Court addressed the issues of interest and penalty in the context of Input Tax Credit (ITC) in the case of Utpal Das Vs State of West Bengal & Ors. The judgment clarifies that interest and penalties cannot be demanded when ITC is wrongly availed but not utilized.

Background of the Case

The petitioner, Utpal Das, a registered taxpayer under the Central/West Bengal Goods and Services Tax Act, 2017, faced allegations of having availed excess ITC du

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