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BRIGHT PERFORMANCE NUTRITION vs. UNION OF INDIA
(Gujarat High Court)

Hon'ble Judges:

J.B.PARDIWALA
ILESH J. VORA
Pet. Counsel
Kuntal A Parikh
Res. Counsel
Ankit Shah

Petitioner / Applicant

BRIGHT PERFORMANCE NUTRITION
Respondent UNION OF INDIA
Court Gujarat High Court
State

Gujrat

Date Mar 5, 2021
Order No.

R/SPECIAL CIVIL APPLICATION NO. 12607 of 2019

Citation

2021(3) TAXREPLY 3992
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ORDER

1 The short point involved in the present writ application is whether the interest under Section 50(1) of the Central Goods and Services Tax Act, 2017 can be levied on the gross amount or net amount. 2 It is brought to our notice that in the recent budget of 2021-22, an amendment has proposed under Section 103 of the Finance Act to be made applicable with retrospective effect that the interest shall be payable only on the amount where the tax has to be paid in cash and the tax which has been paid through the electronic cash ledger. 3 The assent of the President to this amendment is awaited. 4 A statement is made by Mr. Kuntal Parikh, the learned counsel appearing for the writ applicant is that his client has discharged the entire liability from the electronic credit ledger. 5 In view of the aforesaid, nothing further requires to be adjudicated in the present writ application. The same is disposed of accordingly with liberty to revive in case of any difficulty in futu....

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