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Issue ID : 117156
- 0 -

Demand of Interest when payment is discharged on due date.

Date 12 Apr 2021
Replies7 Answers
Views 4601 Views
Asked By

Dear Experts, We have discharged our GST payment liability on due date but their is some minor delay in submission of GSTR-3B returns. Whether we require to pay interest.

7 answers
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- 0
Replied on Apr 12, 2021
1.

Sh.Sanjeev Jadhav Ji,

When liability has been set off on due date, no interest is required to be paid. Interest is always compensatory in nature. You are required to deposit late fee, if the same is required by Common Portal System. The portal will not allow to proceed without late fee, if due.

- 0
Replied on Apr 13, 2021
2.

The GST system is so designed that mere paying the challan would not be considered as payment of taxes to the Government as was under the earlier tax regimes. The department looks at the date of filing of the GSTR-3B as the date of payment of taxes. So you could get a query from the department for payment of the interest on the cash component of the taxes paid.

However, as Kasturi sir has mentioned since interest is compensatory in nature it should not be levied merely for late filing of GSTR-3B. Though this will have to come from the Courts for any relief to come to the assessees

- 0
Replied on Apr 13, 2021
3.

I endorse the views of Kasthuri sir

- 0
Replied on Apr 14, 2021
4.

Dear All Experts, Thank you very much for your valuable suggestion.

- 0
Replied on Apr 14, 2021
5.

I agree with Madam Shilpi Jain to a T. I further add that as per query GSTR 3B return has been filed late. It means tax stands transferred to Govt. account on the date of filing return. Liability was set off late. Interest will have to be paid for the period of delay. (may be in the next return).

- 0
Replied on Apr 15, 2021
6.

Dear sir,

I agree with all the experts. By depositing amount through challan, your Electronic Cash Ledger will be credited to that extent. Only when you file the return, the tax liability will be debited from your cash ledger and credited to the Government exchequer. Accordingly, the date of filing the return is crucial for determining the interest aspect.

- 0
Replied on Apr 26, 2021
7.

Here is a gap kept by Govt. that amount being paid by taxpayer into Govt. account i.e. Electronic Cash Ledger. This should suffice payment of tax as done. But law says when return is filed by offsetting the liability with cash in electronic cash ledger the tax is actually paid. The reason for one day delay may be technical glitches at GSTN and for that taxpayer has to pay interest. As said by Madam Shilpi the departement issues notices asking interest.

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