9911796707
TMI BlogClarification on charging of interest under section 50(3) of the APGST Act, 2017, in cases of wrong availment of IGST credit and reversal thereofX X X X Extracts X X X X X X X X Extracts X X X X ..... sued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs. References have been received from trade requesting for clarification regarding charging of interest under sub-section (3) of section 50 of the Andhra Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as the APGST Act ) in the cases where IGST credit has been wrongly availed by a registered person. Clarification is being sought as to whether such wrongly availed IGST credit would be considered to have been utilized for the purpose of charging of interest under sub-section (3) of section 50 of APGST Act, read with rule 88B of Andhra Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of IGST, it is the total input tax credit available in electronic credit ledger, under the heads of IGST, CGST and SGST taken together, that has to be considered for calculation of interest under rule 88B of APGST Rules and for determining as to whether the balance in the electronic credit ledger has fallen below the amount of wrongly availed input tax credit of IGST, and to what extent the balance in electronic credit ledger has fallen below the said amount of wrongly availed credit. Thus, in the cases where IGST credit has been wrongly availed and subsequently reversed on a certain date, there will not be any interest liability under sub-section (3) of section 50 of APGST Act if, during the time period starting from such availmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax credit in respect of compensation cess on supply of goods and services leviable under section 8 of the said Act can be utilised only towards payment of compensation cess leviable on supply of goods and services. Thus, credit of compensation cess cannot be utilized for payment of any tax under CGST or SGST or IGST heads and/ or reversals of credit under the said heads. Accordingly, credit of compensation cess available in electronic credit ledger cannot be taken into account while considering the balance of electronic credit ledger for the purpose of calculation of interest under sub-rule (3) of rule 88B of APGST Rules in respect of wrongly availed and utilized IGST, CGST or SGST credit. 3. It is requested that su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
