In GST Wrong ITC availment is liable for interest ? This is decided by Patna HC in a recent case

In GST ITC is available for registered taxpayer. Wrong availment of ITC is liable for interest ? This is a crucial question. In a recent judgement Patna high court has held that it is not leviable to interest.
In case of M/s Commercial Steel Engineering Corporation, by Patna High court It was held that interest u/s 73 is not leviable for avaiment. Unless the amount is recoverable from taxpayer. He should have put that ITC to use, only than interest liability will be there.
Difference between availment and utilization is also explained by court.
Litigation in GST is emerging as most important field. You can join our course on litigation to make a career in GST litigation.
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