Answer

GST

Recovery when interest stays unpaid

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  1. Facts

    Unpaid interest is a dues amount like tax. It can be demanded through notices and recovered under the recovery provisions, including from bank accounts.

  2. Provisions and law

    • Sec 50(1), CGST Act 2017Interest is payable on tax paid late for the period of delay at the notified rate (18 percent a year); on a late return it is levied only on the portion paid in cash, except where proceedings under Sec 73, 74 or 74A have started.
    • Sec 73(1), CGST Act 2017Show cause notice for tax not paid, short paid or ITC wrongly availed for reasons other than fraud, for periods up to FY 2023-24.
    • Sec 74A, CGST Act 2017For FY 2024-25 onwards, one procedure for demands: notice within 42 months of the annual return due date, order within 12 months of the notice; penalty depends on whether fraud is alleged.
  3. Analysis

    Interest that is clearly payable on admitted tax, such as for a late return, may be recovered without a separate notice in some cases, as courts have held for self-assessed tax. For disputed tax, interest follows the outcome. Pay admitted interest promptly. Keep track through the electronic liability register.

  4. Conclusion

    1. Check the electronic liability register for interest dues.
    2. Pay admitted interest promptly.
    3. Dispute only where tax itself is disputed.
    4. Keep records of payments.

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Interest on late tax payment, Sec 50

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