Interest to be demanded only on Net Tax liability in Form DRC-07 instead of DRC-01


Quick Summary
The Gujarat High Court has ruled that interest on delayed GST payments should only be calculated on the net tax liability, not the gross. The court found that the Revenue Department incorrectly issued a notice in Form GST DRC-01 for interest on gross liability. Instead, such a notice should have been issued in Form GST DRC-07, as per the relevant rules.

Court :
Gujarat HC

Brief :
The Hon'ble Gujarat High Court in M/S. Rajkamal Builder Infrastructure Private Limited v. Union of India [R/Special Civil Application No. 21534 of 2019, dated March 23, 2021] quashed and set aside the order issued by the Revenue Department in Form GST DRC-01 for recovery of interest on delayed payment of tax on gross liability and held that, the interest on delayed payment of tax is to be charged on net tax liability and the notice for the same should have been issued in Form GST DRC-07.

Citation :
[R/Special Civil Application No. 21534 of 2019, dated March 23, 2021]

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Bimal Jain
Published in GST
Views : 326

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