GST ArticleHigh Court

Unless the ITC is both availed and utilized, interest cannot be levied on the registered taxpayer

The Hon’ble Calcutta High Court, in the case of M/s Utpal Das v. State of West Bengal [Writ Petition No. 18241 of 2022 dated July 18, 2024] quashed the Orders of the proper officer and the Appellate Authority, where the Assessee claimed excess ITC due to clerical mistake but voluntarily debited its electronic credit ledger by filing Form GST DRC-03 to reverse ITC, interest could not be levied on Assessee.