DATE OF AVAILMENT UNDER GST

[SOPL SOPL]

Dear Sir/Madam

What is date of availment of input in Gst?

We have to calculate interest for not paying consideration within 180 days from date of invoice.

Do we need to consider Invoice date on which we have taken input in our books or we have to consider the date on which we have taken this input in our GSTR-3B return i.e credit to Electronic credit ledger?

FYI section 73 and 74 also uses the word wrongly availed?

Further we think that input utilized means input actually adjusted against output tax liability at the time of filing GSTR-3B return.

Eg: 1,00,000 IGST input credited to Electronic credit ledger but in that month 60,000 is utilzed and 40,000 is c/f to next month.We think 60,000 is utilized.

kindly advise.

AI Summary

Date of availment of input tax credit governs interest liability; interest runs from the date credit is taken in returns.
Interest on input tax credit where supplier payment is not made within the prescribed period is applied from the date of availment of the credit, understood as the date the credit is claimed in the taxpayer's returns; reporting and adding such ITC to output liability is governed by the rules' disclosure mechanism, and current practice forces reliance on GSTR-3B and the electronic credit ledger despite gaps in prescribed procedures.