GST UPDATE
????*Desk of CA. Praveen Sharma*
*Series- 472*????
1- MADRAS HIGH COURT in the case of Eicher Motors Limited V/s
The Superintendent of GST and Central Excise.
2- It is not correct to state that the instance of payment of tax to Government would occur only upon the filing of GSTR-3B return and thereafter by debiting the electronic credit ledger or electronic cash ledger.
3- At any cost, the exchequers cannot be deprived of its right to utilise the amount deposited into the Government account under the pretext of non-filing of GSTR-3B monthly returns.
4- As long as the GST, which was collected by a registered person, is credited to the account of the Government not later than the last date for filing the monthly returns, to that extent, the tax liability of such registered person will be discharged from the date when the amount was credited to the account of the Government.
5- If there is any default in payment of GST, even subsequent to the due date for filing the monthly returns i.e., on or before 20th of every succeeding month, for the said delayed period alone a registered person is liable to pay interest in terms of Section 50(1) of the Act In view of the above, impugned letter issued by the respondent impugned order are liable to be quashed.
Accordingly, quashed. These writ petitions are allowed.
Case referred/cited :-
Srinivasa Stampings Versus SPT of GST & CE — (Madras)
Vishnu Aroma Pouching Private Limited Versus Union of India - (Guj.)
CIT Versus Modipon Ltd — (SC)
Haji Lal Mohd Biri Works Versus State of Uttar Pradesh — (SC)
Khazan Chand Versus State of Jammu and Kashmir — (SC)
The Sales Tax Officer Versus Dwarika Prasad Sheo Karan Dass — (SC)
Prahlad Rai Versus Sales Tax Officer — (SC)
Commissioner of Sales Tax Versus Qureshi Crucible — (SC).
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CA. Praveen Sharma
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