Interest and penalty not leviable when there is no fault of Assessee in depositing GST

Last updated: 27 May 2024

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Quick Summary

The Allahabad High Court has ruled that interest and penalties for Goods and Services Tax (GST) are only applicable if the delay in filing returns or paying tax is due to the assessee's fault. In this case, the petitioner had initiated tax payment on time, but the revenue department received it late. The court found no fault with the assessee and ordered the adjustment of the levied interest and penalty against the tax liability.

Court :
Allahabad High Court

Brief :
The Hon'ble Allahabad High Court in the case of Bhole Baba Milk Food Industries Limited v. Union of India [Writ Tax No. 1431 of 2023 dated April 16, 2024] allowed the writ petition and held that the levy of fee and interest would arise only in case where the failure is on part of the assessee to file return and/or payment of tax due within the prescribed period of time.

Citation :
Writ Tax No. 1431 of 2023 dated April 16, 2024

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1 Year PLAN

1999

(Excl. of GST ₹359)

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3499

(Excl. of GST ₹629)

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3 Years PLAN

4999

(Excl. of GST ₹899)

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Attached File : 671907_5688_bhole_baba_milk_food_industries_limited.pdf

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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