GST
Recovery when interest stays unpaid
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
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.
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.
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.
Conclusion
- Check the electronic liability register for interest dues.
- Pay admitted interest promptly.
- Dispute only where tax itself is disputed.
- Keep records of payments.
A Savvy can do this for you
Interest on late tax payment, Sec 50
₹999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.