Conversion for Reservation Benefits Is a Fraud on the Constitution: Supreme Court Rejects SC Certificate for Reconverted Christian Patent Office Guidelines Must Be Followed for Consistency in Decisions: Madras High Court Limitation Cannot Obstruct Justice When Parties Consent to Extensions: Madhya Pradesh High Court Additional Fees Are Incentives, Not Penalties: Orissa High Court Upholds Central Motor Vehicles Rules Amendment Interpretation of Tender Eligibility Criteria Lies with Tendering Authority: Gujrat High Court Upholds Discharge of Tender Complaints Were Contradictory and Did Not Establish Prima Facie Case for SC/ST Act Charges: J&K HC Insurance Cover Notes Hold Policy Validity Unless Proven Otherwise: Kerala High Court Upholds Compensation in Fatal Accident Case Article 21 Of Constitution Applies Irrespective Of Nature Of Crime. Prolonged Incarceration Without Trial Amounts To Punishment Without Adjudication: Calcutta HC Concept Of 'Liberal Approach' Cannot Be Used To Jettison The Substantive Law Of Limitation: Delhi High Court Limitation is Not Always a Mixed Question of Fact and Law: Bombay High Court Dismisses 31-Year-Old Specific Performance Suit as Time-Barred Intent Coupled with Trespass Constitutes Full Offence: Supreme Court Mere Possession of Bribe Money Insufficient Without Proof of Demand and Acceptance: Supreme Court Right to Promotion is Not a Fundamental Right; Retrospective Benefits Without Service Cannot Be Granted: Supreme Court of India Oral Gift Validity in Mohammedan Law: Andhra Pradesh High Court Upholds Constructive Possession and Injunction Unauthorized Construction on Government Irrigation Land Must Be Demolished: Calcutta High Court Directs Sub-Divisional Officer High Court Upholds Dismissal of Petition Over Road Obstruction Due to Non-Prosecution Victim of Rape Has Right to Bodily Integrity and Reproductive Choice: Gujarat High Court Permits Termination of 24-Week Pregnancy Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Tenants Cannot Prescribe How Landlords Utilize Their Property: Delhi High Court Validates Eviction Labour Commissioner to Decide Petitioner’s Date of Birth Claim within Three Months, Ensuring Proper Verification and Consideration of Evidence: Uttarakhand High Court Concealment of Health Condition and False Allegations Amount to Cruelty: Gujarat High Court Upholds Divorce Decree Possession Implies Constructive Notice: Duty to Inquire Rests on Subsequent Purchasers: Supreme Court Clarifies Bona Fide Purchase Standards

Amnesty Scheme Benefits Extend to Taxpayers Who Filed Returns Before the Commencement of the Scheme: Kerala High Court Rules on Late Fee for GST Returns

07 May 2024 8:19 AM

By: Admin


The Kerala High Court in a significant decision has ruled that the benefits of the GST Amnesty Scheme should extend to taxpayers who had filed their GSTR-9 and GSTR-9C returns before the commencement of the scheme. The court held that the late fee demands for the belated filing of GSTR-9C are unjust and unsustainable.

Facts and Issues Arising in the Judgement: The batch of writ petitions involved common questions of fact and law, focusing on the interpretation and applicability of late fees for belated filing of annual GST returns in FORM GSTR-9 and reconciliation statements in FORM GSTR-9C. Petitioners had filed GSTR-9 returns belatedly and paid late fees as mandated by Section 47 of the CGST/SGST Acts. A contention arose regarding the applicability of the GST Amnesty Scheme to these petitioners, who had filed their returns before the scheme’s introduction.

GST Amnesty Scheme’s Applicability: The court observed that the scheme was intended to reduce compliance burdens and legal disputes, stating, “GST Amnesty Scheme aimed at reducing compliance burden and legal disputes – Applicable to taxpayers who filed GSTR-9 belatedly before commencement of scheme.”

Unsustainability of Late Fee Demands: The court held that the late fee demands for the belated filing of GSTR-9C were unjust and unsustainable. It was noted that “Late fee demands for belated filing of GSTR-9C held unjust and unsustainable.”

Directions on Late Fee Collection: The court issued directions to cease the collection of late fees for the delay in filing GSTR-9C, subject to the non-refundability of any late fee already paid over Rs. 10,000.

Non-Refundability of Paid Late Fees: While allowing the writ petitions, the court clarified that petitioners are not entitled to a refund of the late fee already paid over Rs. 10,000.

Decision: The writ petitions were allowed. The court directed the cessation of notices seeking late fee for the delay in filing GSTR-9C, provided that any late fee already paid over Rs. 10,000 will not be refundable.

 Date of Decision: 9th April 2024

Anishia Chandrakanth vs Superintendent of Central Tax

 

Similar News