Interest on partial delayed payment of GST through Cash

[Sudhir Kumar]

Sir, I have made delayed payment of GST through some ITC and rest through Cash. Whether I have to pay interest on ITC as well as cash amount delayed paid or only to the part of such payment of GST which has been made through cash only.

[Shilpi Jain]

Going strictly by proviso to sec 50 which reads as under, the relief of paying interest only on net liability will be available if the liability is declared in the return in which the liability has to be paid. i.e. if its a liability of Nov '21, then if Nov 21 3B is filed late then interest on net liability only. If that liability is declared in the return of Jan '22 and paid then this benefit will not be available.

This is also in the backdrop that the future credit used for paying past liability, interest waiver will not be eligible.

Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger

[KASTURI SETHI]

No need to explain further. Perfect reply by Madam Shilpi Jain.

AI Summary

Interest on Delayed GST Payments: Payable Only on Net Liability if Declared Timely per Proviso to Section 50. A query was raised regarding the interest payable on delayed GST payments made partially through Input Tax Credit (ITC) and cash. The question was whether interest applies to both ITC and cash or just the cash portion. Shilpi Jain clarified that, according to the proviso to Section 50, interest is payable only on the net liability declared in the original return, provided it is filed on time. If the liability is declared in a later return, the benefit does not apply. Kasturi Sethi agreed with this explanation, affirming it as accurate.