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RATE OF INTEREST ON ITC REVERSAL / DELAYED PAYMENT

OF TAX
AUTHOR :ABHISHEK MALPANI

https://taxguru.in/goods-and-service-tax/rate-interest-itc-reversal-delayed-payment-tax.html

Introduction:

There is often confusion among taxpayers regarding the rate of interest on ITC reversal and delayed payment of
GST. It’s crucial to have a clear understanding of the applicable legal provisions to ensure compliance. In this
article, we will discuss the rate of interest and relevant amendments related to the utilization of wrongly availed
GST ITC, delayed payment of GST, and interest on the next tax liability.

Rate of Interest on ITC reversal / delayed payment of tax

There is a lot of confusion among many taxpayers regarding rate of interest on ITC reversal / delayed payment
of GST and tax on next tax liability. For clearing the doubts, please refer below legal provision.

Rate of Interest on utilization of wrongly availed GST ITC:

Retrospective amendment w.e.f. 01.07.2017 has been made in sec 50 (3) of the CGST Act, 2017 by Finance Act,
2022 to provide that interest is required to be paid on the wrongly availed ITC only when the same has been
utilized.

Vide Sec 111 of the Finance Act, 2022, sec 50(3) is substituted retrospectively w.e.f. 01.07.2017 vide
notification 09/2022 – Central Tax dated 05.07.2022 to clarify that interest would be leviable only when ITC
is wrongly availed and utilized and at the rate of 18% and not 24%.

Rate of Interest on delayed payment of GST:

As per notification 13/2017 – Central Tax dated 28.06.2017 which are amended retrospectively w.e.f.
01.07.2017 vide Section 116 of Finance Act, 2022 respectively to notify the rate of interest on delayed payment
of CGST, SGST, IGST & UTGST from 24% p.a. to 18% p.a. under section 50(3) of the CGST Act read with sec
20 of IGST Act & sec 21 of the UTGST Act.
Interest on next tax liability:

A proviso was inserted in sec 50(1) of the CGST Act, vide Finance Act, 2019notified vide notification 63/2020-
Central Tax dated 25.08.2020 w.e.f. 01.09.2020, to provide for computation of interest on next tax liability i.e.
the amount to be paid in cash after adjustment of available ITC from gross tax liability, which was later
substituted vide clause 112 of the Finance Act, 2021 dated 28.03.2021 notified vide notification 16/2021-
Central Tax dated 01.06.2021 retrospectively w.e.f. 01.07.2017.

Conclusion:

Understanding the rate of interest on ITC reversal and delayed payment of GST is essential for taxpayers to
comply with the applicable legal provisions. The retrospective amendments made in the Finance Acts of 2022,
2019, and 2021 have clarified the interest rates and computation methods for different scenarios. By staying
informed about these changes, taxpayers can ensure accurate compliance with GST regulations.

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