Represented by:

Counsel for the Petitioner: Bharat Bhushan & Nidhi Gupta, Advocates

Counsel for the Respondent: Shankar Kumar Jha, Sonu Bhatnagar, Venus Mehrotra and Anushree Narain, Advocates.

Order:

C.M. No. 6846/2020 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1953/2020 & CM APPL. 6845/2020 (stay)

3. During the course of hearing, learned counsel for the petitioner has tendered in Court a demand notice dated 11.02.2020 issued by the respondents which reflects liability to the tune of Rs.8,14,059.7649/- towards interest on ITC and liability of Rs.42,71,526.581/- towards interest on cash, totalling to Rs.50,85,586.35/- for the financial year 2017-18.

4. Learned counsel for the petitioner submits that, firstly, interest on ITC could not be levied since the amount of ITC already stands credited to the account of respondents. He further submits that interest on cash has also been incorrectly levied, in as much as the petitioner had deposited the cash element with the tax in due course, though, there was delay in filing of the returns which could not be a reason to levy interest on cash deposit since the amount was already credited with the respondents.

5. The petitioner had tendered in Court a print out of the electronic cash ledger for the period 01.07.2017 to 31.03.2019 in support of his submission that the cash element of tax has also been paid in due course. Copy of the same will be provided to counsel for the respondents. She seeks time to take instructions in this regard.

6. List on 04.03.2020.