Interest under the GST

INTRODUCTION:-

The Government of India has specified the due dates to pay Goods and Services Tax. The due date to pay GST is different for different types of taxpayers. If one fails to pay GST within the due date, one must pay the interest along with the GST dues for the delay period.

RELEVANT SECTION & RULE:-

Section:- Section 50 of CGST Act, 2017

Rule:- Rule 88B of CGST Rule, 2017.

CIRCUMSTANCES WHEN INTEREST TO BE PAID:-

1) Interest related to GST on sales. (Section 50(1))

• Fails to pay such GST within the period as prescribed by GST Act, 2017 and Rules.
• Makes short payment for the GST.

2) Interest related to ITC. (Section 50(3))

• Wrong ITC availed AND
• ITC availed AND Utilized over what they are eligible.

RATE OF INTEREST:-

1) Interest related to GST on sales. :- 18% p.a.

2) Interest related to ITC.:- 24% p.a.

INTEREST LEVY UNDER GST:-

EXAMPLES:-

1) ABC Ltd. Has to pay GST on outward supply is Rs. 40 Lakhs and have ITC of Rs. 20 Lakhs in January 2023 and the due date for January Return is 20^th of Feb 23. But ABC Ltd. Have file the January return on 28^th of Feb 23.

What is the Interest Amount?

Ans.:-

GST on Sales Rs. 40 Lakhs.

ITC of Rs. 20 Lakhs.

Net Cash Liability of Rs. 20 Lakhs.

Interest Rate is 18%.

Interest :- {20 Lakhs*18%*8/365} = Rs. 7,890/-

2) ABC Ltd. Has to pay GST on outward supply is Rs. 40 Lakhs and have ITC of Rs. 60 Lakhs in January 2023 and the due date for January Return is 20^th of Feb 23. But ABC Ltd. Have file the January return on 28^th of Feb 23.

What is the Interest Amount?

Ans.:-

GST on Sales Rs. 40 Lakhs.

ITC of Rs. 60 Lakhs.

Net Cash Liability of Rs. NIL

Interest Rate is 18%.

Interest :- NIL.

IMPORTANT POINTS RELATED TO ITC AVAILED AND UTILISED:-

1) Input tax credit wrongly availed shall be construed to have been utilized, when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, and the extent of such utilization of input tax credit shall be the amount by which the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed.

2) The date of utilization of such input tax credit shall be taken to be,

• The date, on which the return is due to be furnished under section 39 or the actual date of filing of the said return, whichever is earlier, if the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, on account of payment of tax through the said return.
• The date of debit in the electronic credit ledger when the balance in the electronic credit ledger falls below the amount of input tax credit wrongly availed, in all other cases.