Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Input reversal of 2017-18

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Hi, if the registered entity does not have any output liability, has availed input during the year 2017-18. As there was no output, the same was not utilized. Now, it is identified that some of input is ineligible. Can the same be reversed in returns now? or need to pay along with interest in DRC showing in annual return GSTR-9 / 9C ? - Reply By KASTURI SETHI - The Reply = Yes. Inadmissible cr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... edit can be reversed/paid now by way of DRC-03 in cash for the purpose of Annual Returns. See Notification No.74/18-CT(R) dated 31.12.18 (Serial No.9 above Table No.17). Since the registered person has not reduced output liability, so interest is not required to be paid. Not covered under Section 50 (3) of CGST Act . Also out of Section 50(1) (2) . - Reply By Nisha Prabhu - The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Reply = Can the reversal be adjusted from the electronic credit ledger while filing DRC-03 or payment needs to be done for the same? - Reply By KASTURI SETHI - The Reply = For the purpose of GSTR-9 , 9C , payment via Form DRC 03 is required to be paid in cash only. It has been metioned in Notification cited about. - Reply By MUKUND THAKKAR - The Reply = As per departments view once cr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... edit is reflected in electronic credit ledger it is deem to be availed and utilization. As per my view if you are not reducing your tax liability up to reversal of ITC by using the such credit need not pay Interest, only reflected in Electronic credit ledger means not to utilized. - Reply By KASTURI SETHI - The Reply = Sh.Mukund Thakkar Ji, Sir, Different view is always for the betterment .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . It should be welcomed. It opens closed mind. Dissent can thaw(melt) frozen thinking in countless ways. (It is a quote). Section 50(3) of CGST Act talks of Section 42 (10) Section 43 (10) . A taxable person who makes an undue or excess claim of input tax credit under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-sectio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n (10) of Section 43 , shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent., as may be notified by the Government on the recommendations of the Council. Section 42(10 ) The amount reduced from the output tax liability in contravention of the provisions of sub-section (7) shal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... l be added to the output tax liability of the recipient in his return for the month in which such contravention takes place and such recipient shall be liable to pay interest o n the amount so added at the rate specified in sub-section (3) of section 50 . Section 43 (10) The amount reduced from output tax liability in contravention of the provisions of sub-section (7) shall be add .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed to the output tax liability of the supplier in his return for the month in which such contravention takes place and such supplier shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50 . If we peruse all above in tandem, it makes clear that interest is chargeable only if credit is used. The department cannot go beyond the scope o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f GST law. There are case laws to this effect. - Reply By Ganeshan Kalyani - The Reply = Since the credit was not at all utilized the payment of interest will not arise as stated by my experts colleague. - Reply By Ramesh Kothari - The Reply = I think it can be reversal thru PMT-9 - Input reversal of 2017-18 - Query Started By: - Nisha Prabhu Dated:- 6-8-2019 Goods and Services Ta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... x - GST - Got 7 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates