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


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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Bimal Jain
Published in GST
Views : 1011
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