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Not paid 1% of tax by Cash as per RULE 86B, Goods and Services Tax - GST

Issue Id: - 119375
Dated: 26-10-2024
By:- Shailander Jain

Not paid 1% of tax by Cash as per RULE 86B


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In one of our client, we have not paid 1% of output tax by Cash ledger in February 2021 month GST 3B considering Rule 86B. However we have paid 1% tax by cash ledger for Jan 2021 and March 2021 month. Now department issue notice to deposit 1% for the month of Feb 2021 month with Interest. However in May 2021 GSTR-3B we have deposit more then 1% tax by cash ledger due to all Credit ledger balance utilized. Can department consider the May 2021 month cash deposit for Februrary 2021 month due. Please suggest and guide if there are any remedies for this.

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1 Dated: 27-10-2024
By:- Shilpi Jain

AM Enterprises V State of Himachal Pradesh - 2024 (9) TMI 1485 - HIMACHAL PRADESH HIGH COURT

Have a look at this decision. It has held that this rule is ultra vires.

So contest the matter on this ground. Though I know the demand may not be huge. 


2 Dated: 28-10-2024
By:- KASTURI SETHI

It is a matter of issue which is worth fighting.. Amount may be small, if not contested, it will become precedent. So must contest.


Page: 1

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