Answer

GST

IGST credit balance and interest on wrong ITC

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    Circular 192/04/2023-GST says the combined balance of IGST, CGST and SGST credit is seen for deciding utilisation of wrongly availed IGST credit. Similar logic is applied in practice for other heads.

  2. Provisions and law

    • Circular 192/04/2023-GSTClarifies how interest under Sec 50(3) applies to IGST credit wrongly availed, based on whether the combined credit balance fell below the amount.
    • Sec 50(3), CGST Act 2017Interest is payable on ITC wrongly availed and utilised, from the date of utilisation till reversal, at the notified rate (18 percent a year).
    • Rule 88B, CGST Rules 2017Interest on a late return is on the cash portion only; amounts already in the cash ledger by the due date are excluded; interest on wrongly availed ITC runs from utilisation till reversal.
  3. Analysis

    The circular deals specifically with IGST credit. If your total credit balance across heads stayed above the wrong amount, it can be argued there was no utilisation. Keep head-wise and total balances for each day. Take advice where amounts are large.

  4. Conclusion

    1. Get daily credit ledger balances head-wise.
    2. Compare total balance with the wrong amount.
    3. Apply Circular 192 reasoning.
    4. Compute interest only for utilised periods.

A Savvy can do this for you

Interest on late tax payment, Sec 50

₹999

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask