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GST interest

Latest GST updates

by Sanjeev Archak Sanjeev Archak No Comments

The GST council held its 39th Meeting on 14.03.2020. The Council has taken some important decisions relating to interest on delayed payments, GST returns, and rates of GST among other things. In this blog we present to you the latest GST updates, read more below:

1.Interest on delayed payment of GST

The GST department had starting sending out notices for delayed payment of GST last month. You can read more about it in our detailed blog post .The GST department had clarified that the interest will be levied on net liability of GST. The GST council has now endorsed this decision and has provided the legal backing.

2.Changes in Due Dates for Annual Returns

The due date for filing Annual GST returns (in Form GST 9 & 9C) for F.Y. 18-19 has been extended upto 30.06.2020. This earlier due date was 31.03.2020. Further, MSME’s having turnover below Rs 5 crores have been granted relaxation from filing Form GST 9C (Auditor certificate). In some good news to the tax payers, late fees for delayed filing of Forms GST & 9C has been waived for FY 207-18 and 18-19 for tax payers having turnover of less than Rs 2 crores. It is important to note that Form GST 9C need not be filed by tax payers having less than Rs 2 crores in turnover.

3.Postponement of E-Invoicing

The Govt had announced a mandatory e-invoicing procedure for tax payers having turnover of more than:

  1. Rs 100 crores for B2B transactions
  2. Rs 500 crores for B2C transactions

This feature involved uploading invoices on the GST portal with a QR code. E-invoicing was supposed to start from 01.04.2020 but now has been pushed to 01.10.2020.

4.Postponement of New Returns

Further, the new returns scheme that was to come into effect from 01.04.2020 has been pushed to start from 30.09.2020. You can read more about the new returns here. The GST 3B and GST1 will continue until 30.09.2020.

5.Know your Supplier

It is proposed to introduce a new “Know your supplier” facility within the GST portal. Further, details are awaited on how this will be made available

Final Thoughts

So these were some of the latest GST updates.The GST back end, managed by the GST Network, has been beset with problems from inception. Very often, the servers of the GST crash when the return filing load is higher. The capacity of the GSTN to handle a large number of returns is doubtful. Frequent changes in the law have also caused problems for the tax payers and GSTN as well. The GST council has set a target of July 2020 to resolve all IT problems. Let us hope all is well by the said date.

GST News-GST Interest: Delay in Payment of GST

by Sanjeev Archak Sanjeev Archak 1 Comment

Here is the latest GST News- GST Interest  on delayed payment of taxes.The Government has started sending out notices for recovery of interest on delayed payment of GST. GST interest has been on the radar of the GST department for a long time. This move comes after the GST collections have been below par this year. The, Central Board of Indirect Taxes and Customs (CBIC), which administers GST in the country, has issued a notification on 10.02.2020 requiring payment of interest.

Notices for payment of interest are being sent for the Financial Years 2017-18, 2018-19 and 2019-20. The CBIC estimates that Rs 45,996 crores remains unpaid to the Government on account of delayed payment of taxes.

Initially, the CBIC insisted that the interest be paid on the Gross Tax Liability (before setting off input credit). However, in a series of tweets the CBIC has clarified that the interest will apply on the Net Tax Liability (after setting off input credit). This is a relaxation given by the Government, despite the Telangana High Court ruling that interest can be charged on the Gross Tax as well.

Provisions of the GST Law

Section 50 of the CGST Act, empowers the Government to collect interest on tax dues. Tax dues are defined as tax payable without including interest, fees and penalty. However, the GST portal does not allow filing of returns without payment of tax. Hence, the Government imposes interest only after payment of taxes and not at the time of filing returns.

Rate of Interest

The rate of interest is 18% p.a.The interest is calculated from the date on which taxes become due till the payment of tax.  The calculation is done based on the net tax paid and the date of filing the return.

GST Return Details

Net Tax Paid

Total Interest

Return Month

Due Date

Date of Filing Return

Delay in Days

IGST

CGST

SGST

 Interest

IGST

CGST

SGST

Dec 19

20/01/2020

18/02/2020

29

100

100

100

18%

1.43

1.43

1.43

Nov 19

20/12/2020

18/02/2020

57

200

200

200

18%

5.62

5.62

5.62

Oct 19

20/11/2020

18/02/2020

90

200

200

200

18%

8.88

8.88

8.88

 

 

 

Total

500

500

500

 

15.93

15.93

15.93

How to pay interest?

The interest has to be paid after a notice has been received from the GST department. The notice so issued will contain the interest payable for every financial year. The interest on late payment of tax has to be paid  in Form DRC 03.This challan is available online on the GST portal. A copy of the challan has to be sent to the jurisdictional GST Officer. Further, such payment has to be made within 7 days of receiving the payment notice.

Final Thoughts

The levy of interest on delayed payment of tax is not new in India. Interest has been levied on delayed payment of income tax, service tax, and value added tax since long. It’s only now that the GST department has started the interest levy as well. However, on might argue that The GSTN requires a late fees payment of either Rs 100 or Rs 10 per day if returns are not filed on time. 

Delayed filing of returns will now incur fees for late filing as well as interest for delayed payment of taxes. Always file your returns on time. We can help. Get in touch today.