Interest- GST

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A quarterly GSTR filer mistakenly filed a nil return for October 2021 after paying their GST liability on time. They are now concerned about potential interest charges when filing their next GSTR 3B return. However, a Gujarat High Court ruling in the Vishnu Aroma Pouching Pvt. Ltd. case suggests that interest may not be payable if the tax was deposited in the credit ledger, even if the return was filed late due to portal issues.

Anouja Thyagarajan

Anouja Thyagarajan (Querist)

08 March 2022 Hon'ble Members,
I am a quarterly GSTR return filer, for Oct 21 i had disclosed sales in GST (IFF) and paid GST through net banking however, while filing GSTR 3B for quarter ended Oct- Dec 21 I had filed nil return by mistake. Now when i will file GSTR 3B return for Jan - Mar 22 i will disclose it but, under new GST system of disclosing bifurcation of gst liability for each month if i state it as liability for Oct 21 then will interest be calculated even though I had paid gst in Oct 21 since, i am adjusting/ debiting it to cash ledger now. but i had paid it on time. Please suggest a solution.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

08 March 2022 Interest not payable.
Gujarat High Court verdict: The Hon’ble Gujarat High Court in case of Vishnu Aroma Pouching Pvt. Ltd. held that the petitioner has discharged the tax liability when he has deposited the tax in the credit ledger irrespective of the fat that he was not able to file the return due to technical glitches or hurdle in the GST Portal and return was filled belatedly. Accordingly, petitioner was relieved from payment of interest liability for delay in filing the return considering the fact that the tax liability was duly discharged by depositing the tax in the credit ledger.

Anouja Thyagarajan

Anouja Thyagarajan (Querist)

08 March 2022 Thank You so much Sir for you prompt reply

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