Case Title | SD Enterprises Vs Assistant Commissioner and Bureau of Investigation (North Bengal HQ) |
In Favour | Assessee |
Sections | Section 107 of CGST Act,2017 |
Court | Calcutta High Court |
Honorable Judges | Justice Hiranmaya Bhattacharya |
Citation | 2022 (7) GSTPanacea 140 HC Calcutta W.P.A. 1205 of 2022 |
Judgement Date | 13- July- 2022 |
Council for Petitioner | Sandip Chorariya Esha Acharya |
Council for UOI | NA |
Council for State | Subir Kumar Saha Bikramaditya Ghosh |
The Calcutta High Court bench of Justice Hiranmaya Bhattacharya has held that if the disputed amount such percentage as per the proviso of section 107 has been deposited, it is well protected the interest of revenue of government
FACTS OF THE CASE
In this case the petitioner is passed to an order by Deputy of commissioner of Sales Tax and Bureau of Investigation wherein the amount of Rs. 3.45 crore approx has been debited from the Electronic credit ledger of petitioner.
The petitioner to move to appeal deposited the 10% of disputed amount in March 2022 under section 107(6)(b) of CGST Act,2017.
The council of petitioner submits that as per Section 107(6), upon the payment of amount in terms of sub section 6 of the said section the recovery proceeding so fthe balance amount shall be deemed to be stayed. Hence the respondent acted illegally.
The council of respondent submitted that petitioner submitted the appeal after the expiry of statutory limitation period and hence the recover officer is not faulted for debiting the amount from credit ledger.
The council of petitioner submitted that period of limited being extended by Supreme Court in suo moto writ petition being Misc Appeal 29 of 2022 in SMW No 3 of 2022 , and the respondent authority cannot content the appeal beyond the period.
COURT HELD
The court does not deem fit to decide such issue at this stage but concerned with the compliance of Section 107 of CGST Act,2017. Since as per Section 107(6)(b) the petitioner deposited the disputed amount such % as mentioned in the proviso so the revenue interest of government is well protected, hence the respondent authority shall be directed restore the credit ledger within two weeks from this order.
ANALYSIS OF THE JUDGEMENT
As per section 107(6)(b) of CGST Act, 2017 when the such percentage of disputed amount has been deposited by the tax payer, the balance amount cannot be withheld on the ground of delay in filing an appeal.
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