CA in Jaipur | CA. Yogesh Jangid |ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases | https://www.nyca.in ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases Fri, 12 Apr 2024 10:29:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://www.nyca.in/wp-content/uploads/2022/08/9060CA_logo_icai-1.jpg CA in Jaipur | CA. Yogesh Jangid |ITR Filing 2023 | Company Registration | NGO Registration | Income Tax Raid Cases | Audit | Inc Incroporation | CPA in India | Subsidy | Project Funding | GST | GST Raid Cases | Income Tax Notice Faceless | DRI Cases | https://www.nyca.in 32 32 Calcutta High Court’s Verdict on GST Pre-Deposit Requirements https://www.nyca.in/calcutta-high-courts-verdict-on-gst-pre-deposit-requirements/ https://www.nyca.in/calcutta-high-courts-verdict-on-gst-pre-deposit-requirements/#respond Fri, 12 Apr 2024 10:29:32 +0000 https://www.nyca.in/?p=8519 In a recent ruling, the Calcutta High Court addressed the clarification of GST pre-deposit requirements, specifically focusing on the interpretation discrepancy between the GST Department and the GST Law.

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Introduction:

In a recent ruling, the Calcutta High Court addressed the clarification of GST pre-deposit requirements, specifically focusing on the interpretation discrepancy between the GST Department and the GST Law.

Facts of the Case:

  • A writ petition challenged an interim order dated January 25, 2024, demanding a pre-deposit of 20% of the disputed unpaid interest.
  • The dispute stemmed from interest demands on belatedly filed returns for a specific financial year, with the petitioner seeking relief due to the non-constitution of the appellate tribunal.

Issue:

  • The central concern was whether the petitioner must pre-deposit 20% of the disputed interest alongside the tax in dispute before filing an appeal, as indicated by the interim order.

Petitioner’s Argument:

  • The petitioner argued that while the GST Act mandates a pre-deposit of 20% of the remaining tax amount in dispute, it does not explicitly extend this requirement to disputed interest.

Respondent’s Argument:

  • The respondent countered, asserting that the interim order was discretionary and aimed at safeguarding revenue interests, without any procedural error.

Held:

  • The Calcutta High Court overturned the portion of the order mandating the petitioner to pay 20% of the remaining interest, directing a halt to recovery proceedings until the writ petition is heard and disposed of.

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