Case Law Details
Case Name : Aathi Hotel Vs Assistant Commissioner (ST) (FAC) (Madras High Court)
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All High Courts Madras High Court
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Aathi Hotel Vs Assistant Commissioner (ST) (FAC) (Madras High Court)
No interest and penalty to be imposed if credit is merely availed but not utilised | Section 73 & 74 Interest will be attracted only if wrong/excess ITC availed & utilized
The Hon’ble Madras High Court in Aathi Hotel v. Assistant Commissioner (ST) (FAC) [W.P.No.3474 of 2021 W.M.P.Nos.3980 & 3982 of 2021 dated December 08, 2021] has held that, the interest is to be attracted only where credit is not only availed but also utilised for discharging tax liabilities and if there is an attempt to wrongly avail the cred...
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Author Bio
sir like your guide if Cenvat credit could,t be filed but credited and avialed in GSTR-3 B.after SC Jud. reversed .can GST ask for interest for the period from 1.7.2017.where as CENVAT IS ENETILEMENT FROM ACCRUAL Date 1.7.2017.
m 9999001345
IGST tax wrongly availed CGST AND SGST, Next year 3B revised ITC CSGT AND SGST then claim IGST interest applicable section 50(1)
Very nicely written 👍👍