debit note etc gst

[Madhavan iyengar]

A Company has sold some material in July 17 and August 17 and disclosed in returns and paid the tax

Now in May 19 due to some rate increase given effect to between both buyer and seller for period july 17 and august 17 debit note will be raised by supplier in may 19 with gst. and disclose in returns and pay the tax.

query

a) is interest to be paid on the tax portion by supplier on this debit note since this fact has been decided in may 19 can it be contested that date when it is effective for liability is may 19 though for past period given effect now.

b) will interest on tax payable if recovered from supplier be liable for gst and can recipient avail the ITC

b) can debit note be raised in may 19 for july/aug 17 supplies and can recipient avail the itc in may 19

AI Summary

Input tax credit time bar: retrospective debit notes may not revive ITC; interest treatment depends on time of supply analysis.
Whether debit notes issued later for past supplies create fresh tax and credit consequences is contested: suppliers may issue debit notes without a statutory time limit and may treat them as supplementary invoices causing tax liability on issue, while recipients' entitlement to input tax credit and the incidence of interest depend on statutory time limits and time of supply principles tied to the original invoice period, producing divergent professional views.