Section 73(11)

[Komal Agarwal]

FY 2018-19 RCM liability paid at the time of GSTR 9/9C on Feb 2021 but ITC not claimed. Now the GST officer is demanding interest U/s 50 and penalty U/s 73(11). Whether penalty u/s 73(11) is applicable? Any remedy/ argument available to us against penalty.

Thanks

AI Summary

Taxpayer Challenges GST Interest and Penalty Demand for Late RCM Liability Payment; Relief Possible Under Section 128A Guidelines. A forum discussion addresses a GST issue where a taxpayer paid RCM liability for FY 2018-19 during GSTR 9/9C filing in 2021 but did not claim ITC. A GST officer demands interest under Section 50 and a penalty under Section 73(11). Contributors suggest arguments against the penalty, including revenue neutrality and procedural errors in the SCN. They discuss the mandatory nature of penalties and potential relief under Section 128A, as recommended by the GST Council for FY 2017-18 to 2019-20, allowing waiver of interest and penalties if tax is paid by March 31, 2025.