Proceedings under Section 73 of the CGST Act imposing interest and penalty on availment of Credit under wrong head not maintainable
The Hon’ble Kerala High Court in the case of RejimonPadickapparambil Alex allowed the appeal filed against the judgment passed by the Hon’ble Single Judge Bench thereby holding that the availment of ITC under wrong head is a technical mistake and would not fall within the purview of wrong availment of ITC, therefore, the initiation of proceedings for levy of interest and penalty under Section 73 of the CGST Act cannot be initiated in the said case.