Court :
Allahabad High Court
Brief :
The Hon'ble Allahabad High Court in the case of Bhole Baba Milk Food Industries Limited v. Union of India [Writ Tax No. 1431 of 2023 dated April 16, 2024] allowed the writ petition and held that the levy of fee and interest would arise only in case where the failure is on part of the assessee to file return and/or payment of tax due within the prescribed period of time.
Citation :
Writ Tax No. 1431 of 2023 dated April 16, 2024
The Hon'ble Allahabad High Court in the case of Bhole Baba Milk Food Industries Limited v. Union of India [Writ Tax No. 1431 of 2023 dated April 16, 2024] allowed the writ petition and held that the levy of fee and interest would arise only in case where the failure is on part of the assessee to file return and/or payment of tax due within the prescribed period of time.
Bhole Baba Milk Food Industries Limited ("the Petitioner") has filed the writ petition before the Hon'ble High Court for refund of the amount of interest and penalty for non-filing of return which has been debited from the Electronic Credit Ledger.
Whether interest and penalty leviable when there is no fault of Assessee in depositing GST?
The Hon'ble Allahabad High Court in the case of Writ Tax No. 1431 of 2023 held as under:
OFFICIAL JUDGMENT COPY HAS BEEN ATTACHED BELOW