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Delhi DRI seizes 41 kg foreign-marked gold + Rs 48 lakh cash + + 213 kg silver worth Rs 13 CroreISRO reschedules launch of GSAT-11MSME Ministry to set up Digital Trade DeskKolkata DRI seizes 14.4 lakh foreign cigarettes from container misdeclared as Facial TissueCentral Staffing Scheme - Govt notifies Rs 9000 hike in deputation allowance'Innovate in India' gets USD 125 millionI-T - Payment made to acquire trade mark which facilitates entry into a particular market is revenue expenditure: HCI-T - Interest income earned from deposit of share application money statutorily required to be kept in separate account is incidental in nature and assessee is entitled to set it off against expenses relating to public issue: SCCabinet approves MSP for Raw Jute for 2018-19 seasonI-T - While making invocation of Sec 147 conditional, Legislature does not intend to allow Revenue to adopt liberal interpretation of expression 'reason to believe': SCCabinet okays MoU with BRICS medicine regulatory agenciesJodhpur Court convicts Asaram in Rape CaseCabinet okays declaration of Schedules Areas in Rajasthan under Fifth ScheduleConstruction of GST on Residential Flats (See ' JEST GST on GST Home Page')I-T - Infra companies having exposure to substantial risk connected with construction projects, are eligible for Section 80-IA benefits: ITATWhen Domestic Tax Laws Reach Beyond Customs FrontiersCX - Present appeal has been filed in routine manner without application of mind as it ignores fact that Writ Petition by Revenue had already been rejected by High Court much before filing of appeal: CESTATHyderabad DRI seizes about 1400 kg ganja in VijayawadaRejection of impeachment motion - Congress move to seek judicial review is another blunder, says FMCBEC clarifies on concessional import by EoU & STPAhmedabad CESTAT Bar Association decides to boycott Division Bench hearing for non-judicial approach till FridayNGT serves notice to UP civic agencies for waste burning in KaushambiFinance Act - CBDT seeks public inputs on STT & LTCG related amendmentsFinance Commission visits Assam to accelerate developmentWorld Bank loans USD 210 mn for rural road connectivity in MPSBI to issue second tranche of Electoral bonds from May 1J&K Cabinet passes ordinance approving death penalty for child rapists below 12 yrsCX Tribunal is not expected to endorse legal findings by the Adjudicating Authority and that of first Appellate Authority but expected to apply its independent mind: High CourtI-T -When there is a clear connect between expenditure incurred and transfer of property, such expenses are allowable deduction u/s 48(i) for purpose of LTCG tax: HCGST - Outlet situated at T-3, IGI Airport is not outside India but within territory of India - applicant is not taking goods out of India, hence supply cannot be called 'export' or 'zero rated supply' : AAROcean freight: Fears of double taxation are misplacedI-T - Decision of CIT(A) based on evidences produced by assessee, which was also available with AO , cannot be challenged further: ITATST - SCN issued is without any foundation and, therefore, adjudication order confirming the demand on such cryptic SCN, cannot be sustained : CESTATCX - Once amount of CENVAT credit allegedly irregularly availed is admittedly reversed, interest is chargeable as piggyback - rule 6(3A)(e) would otherwise become redundant: CESTATVAT - Commercial Department need not burden registered dealers for furnishing bank guarantee, if their interest is already safeguarded: HCIndia exploring signing of MoU with South Korea for Road Information System
GST - Payment of Tax & Appropriation in Return


DECEMBER 19, 2017

By Lakshmi Ratna Kancherla, Adv.

THE relevant provisions under the Goods and Services Tax law ("GST Law") in the matter of payment of tax and its appropriation are as follows -

- The due date for payment of tax and filing of the return i.e., GSTR-3/GSTR-3B for a particular month is 20th of the following month.

- The registered person has the option of discharging the said liability either by way of "cash" or "credit" under the GST Law.

- Cash Payment: Payment can be made by way of using the challan either electronically or by way of cash in the prescribed manner. Once the CPIN is generated the said amount shall be credited to the cash ledger 1 and can be subsequently used to make payment towards tax, interest, penalty, fees or any other amount subject to the conditions and in the manner in which it is prescribed. 2 It is pertinent to note that at the time of payment of the amount the reason for which it is being paid / the period for which the amount is being paid is not identified in the challan/while being credited to the cash ledger.

- Credit Ledger: In terms of Section 41 of the CGST Act read with Section 49(2) of the CGST Act, the input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger which shall be available for making any payment towards output tax under the CGST Act/the IGST Act subject to the conditions as may be prescribed 3.

Insofar as "payment of tax" is concerned the amount is deemed to be paid only when the registered person "offsets the liability" in the GST Portal at the time of filing the Return (GSTR-3B) either by credit or cash.

In the event, the GSTR-3B is not filed, the registered person is deemed to have not discharged the liability and the GST Portal auto-calculates the interest only because the tax so paid is not appropriated against the liability by way of filing returns.

This results in a situation where although the tax is paid by the registered person merely because the same is not appropriated against the liability in the Return, interest liability is triggered. This may also result in the recipient not being entitled for ITC.

Press Release No. 97/2017 dated 2.09.2017 issued by the CBEC among others clarified that payment of GST is complete only when the amount of tax payable is debited from the electronic cash/credit ledger. Interestingly, only the late fee for filing the Return had been waived.  

This is a serious lacuna in the law whereby interest is triggered merely due to non-appropriation of the amount although the tax has been paid by the registered person and available with the Government exchequer.

Where the legislature envisages a separate fee for filing the return belatedly and belated payment of the taxes/discharging the liability, the registered person need not again be penalized for non-appropriation of the liability already discharged by way of interest.

The anomaly needs to be sorted by the legislature by creating a deeming fiction or issuing a suitable clarification in this regard.

(The views of the author are strictly personal.)


1. Section 49(2) of the Central Goods and Services Tax Act, 2017 read with Rule 86 of the Central Goods and Service Tax Rules 2017

2. Section 49 (3) of the CGST Act, 2017 read with Rule 87 of the CGST Rules, 2017.

3. Section 49(4) of the CGST Act, 2017 read with Rule 86 of the CGST Rules, 2017.

Sub: offsetting the setting of tax

very true.agreed fully.when the tax payer after depositing the same is not eligible to take the benefit for the reasons beyond control or for the reasons due to software or technical reason, then this is not the democracy if u ask him to pay the interest.

Posted by Navin Khandelwal