Answer

GST

Rule 86B: paying 1 percent in cash

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  1. Facts

    Under Rule 86B, certain registered persons whose taxable supply value in a month is above Rs 50 lakh cannot use credit for more than 99 percent of output tax. At least 1 percent must be paid in cash, unless an exception applies.

  2. Provisions and law

    • Rule 86B, CGST Rules 2017Certain registered persons with monthly taxable supplies above Rs 50 lakh must pay at least 1 percent of output tax in cash
    • Sec 49(4), CGST Act 2017Electronic credit ledger can be used only to pay output tax, not interest, penalty, fee or reverse charge tax
  3. Analysis

    Exceptions include persons who paid more than Rs 1 lakh income tax in each of the last two years, exporters with refunds above Rs 1 lakh, and persons who have paid 1 percent cumulative tax in cash. Example: output tax Rs 10 lakh, ITC Rs 12 lakh; without an exception you pay at least Rs 10,000 in cash. Check the full list of exceptions each year.

  4. Conclusion

    1. Check monthly taxable supplies against Rs 50 lakh
    2. Check if any Rule 86B exception applies
    3. If not, pay at least 1 percent of output tax in cash
    4. Keep proof of exception if you rely on one

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