Answer

GST

Interest or late fee not paid noted in scrutiny

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  1. Facts

    If you filed late but did not pay interest on late tax, the officer will ask for it. Work it out and pay through DRC-03.

  2. Provisions and law

    • Sec 50, CGST Act 2017Interest on late payment
    • Sec 47, CGST Act 2017Late fee
    • Instruction 02/2022-GST (22 March 2022)SOP for scrutiny: one ASMT-10 per GSTIN per year, specific and quantified discrepancies, DRC-03 payments to be considered, timelines for ASMT-12 or further action
  3. Analysis

    Instruction 02/2022-GST lists payment of interest under Sec 50 and late fee under Sec 47 as parameters. Interest is on the cash part of tax paid late. Example: tax of ₹70,000 paid 25 days late in cash; interest is about ₹863. Pay it through DRC-03 in cash.

  4. Conclusion

    1. List months where returns or tax were late.
    2. Calculate interest on the cash part.
    3. Check that late fee was paid on filing.
    4. Pay any shortfall through DRC-03.
    5. Show the working in the reply.

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