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ITC reversal

SUNIL NATH

Due to auto reflect in ITC setoff in GST portal, we are mistaken to utilize cash and keep balance in credit ledger. Moreover since GSTR-3B is cannot be amended and in case ITC reversal, can interest be levied, if there is sufficient balance in cash ledger ?

Clarification Sought on Interest for Mistaken Use of Electronic Credit Ledger Instead of Cash Ledger Under GST Rules A discussion on a GST-related issue involves a party mistakenly utilizing the Electronic Credit Ledger instead of the Electronic Cash Ledger, despite having sufficient balance in the cash ledger. The party seeks clarification on whether interest can be levied in such a scenario. Responses suggest that if ineligible ITC was availed and utilized, it should be reversed with interest, possibly by reducing other eligible ITC in subsequent returns or paying from the cash ledger. Filing Form DRC-03 for voluntary payment with interest is also recommended. Interest is deemed payable despite having a sufficient cash ledger balance. (AI Summary)
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Amit Agrawal on Jul 16, 2023

I am not sure if query & factual position is drafted properly, as same sounds contradictory. For example, at one place, it states 'utilising cash and keeping balance in credit ledger' whereas question raised is due to maintaining sufficient balance in cash ledger. Kindly clarify.

KASTURI SETHI on Jul 16, 2023

Sh.Sunil Nath Ji,

By mistake, you utilised Electronic Cash Ledger instead of Electronic Credit Ledger whereas there was sufficient balance in both ledgers. Is it right ? If not, pl.re-draft your query.

SUNIL NATH on Jul 17, 2023

There is no balance in credit ledger, but balance in cash ledger. Since, we wrongly utilize credit in stead of cash

Amit Agrawal on Jul 17, 2023

Is this case where 'ITC wrongly availed & utilised' while simultaneously having sufficient balance (i.e. exceeding the amount of ITC so wrongly availed & utilised) constantly in cash-ledger?

SUNIL NATH on Jul 17, 2023

yes sir

GUNASEKARAN K on Jul 20, 2023

It seems like you're availed ineligible ITC which should be written off from your credit ledger while filling the Table 4 for Eligible ITC in GSTR 3B. But you haven't reversed & simultaneously you've utilized the same from your credit ledger against your outward GST Liability.

If my understanding is correct;

Scenario 1: You have to reverse the ITC with interest in subsequent return by reducing your other eligible ITC during the month and interest part your have to pay separately from your cash ledger.

Scenario 2: If the eligible ITC during subsequent month is less than the reversible ITC then your Credit Ledger will show negative value which will reflect as liability. You can pay the same from your cash ledger with interest.

Scenario 3: You may file Form DRC-03 for voluntary payment of Tax with interest and pay from Cash ledger. (Since you can file the DRC 3 form immediately which help to reduce your interest part )

KASTURI SETHI on Jul 20, 2023

In a nutshell, it is a case of 'over-drafting' from Electronic Credit Ledger. Interest has to be paid notwithstanding having sufficient balance in Electronic Cash Ledger.

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