No Interest & No Recovery Proceedings under GST unless Adjudicated || CA Abhishek Agarwal

No Interest & No Recovery Proceedings under GST unless Adjudicated || CA Abhishek Agarwal

Hon’ble Jharkhand High Court through video conferencing delivered a judgment on interpretation of Section 50 , 73, 74 and 79 of the GST Act . In the said judgment the Honble high court held that interest liability under section 50 is although automatic , but it’s computation and demand can be raised only after initiation of Adjudication proceedings under Section 73 or 74 in case the assesse disputes the demand of interest . It further held that unadjudicated demand of interest is not a sum payable under the GST act and hence no proceedings under section 79 being garnishee proceedings can be initiated for recovery of interest .

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