Penalty under GST section 73 not sustained, while delayed tax interest must be recomputed after adjusting excess payment.
Case-Laws
GST
Penalty under section 73 of the GST Act was found unjustified on the facts placed before the HC, and the petitioner was left free to make a proper representation on that issue. At the same time, once the tax liability was admitted, interest on belated payment remained payable under section 50(1). Because the order itself recorded an excess tax payment and there was doubt about the calculation, the interest had to be recomputed after adjusting the excess amount already paid. The matter was remitted for fresh determination of the correct interest payable, and only the balance, if any, could be demanded.
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