Dear Client,
Whenever a provision is clarification in nature or is made as a remedy to a lacuna in the law, its impact should be retrospective. This is a settled principal
GST Amendment to section 50 retrospective or prospective
Hi I'm from Telangana. I received a letter from superintendent of CGST saying to pay interest on gross tax liability rather than net tax liability. Despite the amendment in section 50. He says (in phone call) that the amendment is prospective. But, I couldn't find whether the amendment is retrospective or prospective. Interest on my net tax liability is 2,218/- which I paid. On gross tax liability it is 4,52,010/-. My whole tax paid through cash ledger is around 80k which is much less than interest I'm asked to pay. Letters for interest on gross tax liability are being issued due to a judgement in Megha engineering writ petition which is dismissed before the amendment was made.
Asked 6 years ago in Taxation
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5 Answers
Whenever a provision is clarificatory in nature or is made as a remedy to a lacuna in the law, its impact should be retrospective.
As per notification amendment is applicable from 1.2.2019.
It's not retrospective it's prospective
Dear
Whenever there is any amendment in law is done to settle the lacuna of law then it is retrospective in nature.
If they doesnt charge the interest as per new amendment then you need to file writ petition against the authorities for charging the interest as per amendment of section 50 of GST act
