Get App
Download App Scanner
Scan to Download
Advertisement
This Article is From Oct 21, 2021

High Court Holds Input Tax Credit Cannot Be Utilised For Payment Of Pre-Deposit Under GST: EY

High Court Holds Input Tax Credit Cannot Be Utilised For Payment Of Pre-Deposit Under GST: EY
A calculator sits on the desk of CPA Mike Dyer as he prepares federal income tax returns for clients at Tax Pros USA in La Grange, Kentucky, U.S. (Photographer: Luke Sharrett/Bloomberg)

The Legal Library section collates quality and in-depth reports on regulatory developments, court rulings and policy changes authored by India's top law firms and consultants. These reports offer BloombergQuint's subscribers an opportunity to expand their understanding of law and policy.

EY Update

This tax alert summarises a recent ruling of the division bench of Orissa High Court.

In the writ petition, the issue involved was whether pre-deposit required as per Section 107(6) of the Odisha Goods and Services Tax Act, 2017 can be paid by debiting the electronic credit ledger (ECRL).

The petitioner contended that the amount paid as pre-deposit was a percentage of the 'output tax' and thus, balance in ECRL can be used.

The high court observed that the term 'output tax', as defined under Section 2(82) of the Act, cannot be equated with the pre-deposit required to be made under Section 107(6).

Further, Section 41(2) of the Act limits the usage to which the ECRL could be utilised. It cannot be debited for making payment of pre-deposit at the time of filing appeal.

Thus, the high court held that payment of pre-deposit cannot be made by debiting ECRL.

Click on the attachment to read the full report:

DISCLAIMER

This alert does not constitute legal advice and is for information purpose only. This report is authored by an external party. BloombergQuint does not vouch for the accuracy of its contents nor is responsible for them in any way. The views expressed in the report are that of the author entity and do not represent the views of BloombergQuint.

Users have no license to copy, modify, or distribute the content without permission of the Original Owner.

Essential Business Intelligence, Continuous LIVE TV, Sharp Market Insights, Practical Personal Finance Advice and Latest Stories — On NDTV Profit.

Newsletters

Update Email
to get newsletters straight to your inbox
⚠️ Add your Email ID to receive Newsletters
Note: You will be signed up automatically after adding email

News for You

Set as Trusted Source
on Google Search