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TMI BlogBenefit of net tax liabilityX X X X Extracts X X X X X X X X Extracts X X X X ..... Benefit of net tax liability X X X X Extracts X X X X X X X X Extracts X X X X ..... taken up and interest was demanded till date on ₹ 25 lakh. Balance of ITC on cess as on 31 March 2018 was ₹ 13 lakh and ITC pertaining to July 2017 was ₹ 1.5 lakh. Query 1 - What would be the manner of calculation of interest if benefit of ITC is given? Query 2 - What would be the manner of calculation of interest if section 74 is invoked? Reply By Atul Mehrotra: The Reply: I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Query 2, please include section 73. Query 3- Can the taxpayer use currently accumulated ITC to pay Cess? (Interest will be paid in cash) Reply By KASTURI SETHI: The Reply: Sh. Atul Mehrotra Ji, It is a fact that the lapse on the part of tax payer has been detected by the department in the course of audit (as mentioned by you). So the question of voluntary payment of cess for the past period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not arise. I mean to say non-payment of cess will be demanded by the department invoking Section 74 and not Section 73 in the audit report. The tax payer can make payment of arrears of cess by utilising input credit of cess. Also read Section 11 (2 & 3) of GST Cess Act. Also read Section 8 of the GST Cess Act Interest has to be paid from the date of due date of payment on the gross amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess not paid. No benefit of net tax liability is available to the tax payer in this scenario. Highest rate of interest is applicable. Central Excise Act and Rules are also applicable to tobacco products. Reply By Atul Mehrotra: The Reply: Respected Sethi Sir. Can the taxpayer utilize Cess input available in the credit ledger as on date, and if so, which legal provision should be referred to? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply By KASTURI SETHI: The Reply: Answer is yes. Proviso to Section 11(2) of GST Cess Act says : "Provided that the input tax credit in respect of cess on supply of goods and services leviable under section 8, shall be utilised only towards payment of said cess on supply of goods and services leviable under the said section." Reply By Shilpi Jain: The Reply: In case the credit ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lance is maintained throughout the period when will the liability remained unpaid, there could be a possibility to waive off the interest demand. however this is not free from dispute from the department Reply By Shilpi Jain: The Reply: Have u not filed your 9 and 9C for the year 2017-18. if yes was it not discovered in the GST audit by the professional? Reply By KASTURI SETHI: The Reply: When ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the elements of suppression of facts, mis-declaration etc. are involved (referring to Section 74), not even remote possibility of charging interest on net tax liability is present. No hope for waiving of interest, if Section 74 is invoked. Reply By Atul Mehrotra: The Reply: GSTR-9/9C was filed but the error was not detected then. If the taxpayer pays interest before issuance of SCN, can penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be waived off? Reply By KASTURI SETHI: The Reply: If SCN is issued Section 73 and tax along with interest is deposited no penalty will be imposed . Section 73 (8) of CGST Act Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be paya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble and all proceedings in respect of the said notice shall be deemed to be concluded. If SCN is issued under Section 74 (25% penalty will be paid) Section 74 (8) of CGST Act "Where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty-five per cent. of such tax within thirty days of issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the notice, all proceedings in respect of the said notice shall be deemed to be concluded."
Reply By Atul Mehrotra:
The Reply:
Thank you for your valuable advice. X X X X Extracts X X X X X X X X Extracts X X X X
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