In the case of Megha Engineering and Infrastructures Ltd. High Court has directed that to GST Department that in the event interest is not paid under Section 50 thereof, there shall be a direction to respondent to not to initiate any coercive action against the petitioner until further orders.
Read Final Order –HC allows Interest on Gross amount without Allowing ITC
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support thereof, the High Court may be pleased to direct the Respondent No. 1 to 3 not to initiate any coercive action to recover the interest amount of Rs.6,03,07,462/- as per their letter C.No.V/12/01/18-19(P&I), dated 28.11.2018 otherwise the petitioner would suffer irreparable loss and damage.
This petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof, and upon hearing the arguments of Sri Gandra Mohan Rao, Counsel for the Review Petitioner and of Sri B. Narasimha Sarma, Senior SC for Customs & Central Excise, the Court made the following:
“As this Court is already considering the issue of whether any notice would have to be given under Section 73 (1) of the Central Goods and Service Tax Act, 2017, in the event interest is not paid under Section 50 thereof, there shall be a direction to respondent Nos. 1 to 3 not to initiate any coercive action against the petitionary until further orders.