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FINEX MERCHANTS PVT LTD vs. STATE OF WEST BENGAL AND ORS.
(Calcutta High Court)

Hon'ble Judges:

MD. NIZAMUDDIN
Pet. Counsel
Suryaneel Das
Res. Counsel
D. Ghosh

Petitioner / Applicant

FINEX MERCHANTS PVT LTD
Respondent STATE OF WEST BENGAL AND ORS.
Court Calcutta High Court
State

West Bengal

Date Feb 9, 2022
Order No.

WPA No. 7592 of 2020

Citation

2022(2) TAXREPLY 5075
Original Order
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ORDER

In this writ petition, petitioner has challenged the impugned adjudication order dated June 24, 2019 by contending that in view of amendment to section 50 subsection (1) of the GST Act, 2017 and the order of the appellate authority dated March 6, 2020 in connection with interest under section 50 sub-section (1) of the GST Act relating to the assessment year 2017-18, the aforesaid impugned order of adjudication relating to interest is not sustainable in law. Section 50 sub-section (1) of the GST Act, 2017 which has been amended by the Finance Act, 2021 under section 112 of the Finance Act is quoted hereunder:– “112. In section 50 of the Central Goods and Services Tax Act, in sub-section (1), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July 2017, namely:- Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return....

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