RERGARDING ITC UTILISATION OF CESS IN THE YEAR OF 2017-18

This query is : Resolved

Suresh S. Tejwani (Querist)
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22 January 2024 IF MR.X IS IN THE BUSINESS OF ITEMS COVERED UNDER CESS HOWEVER IN THE ANNUAL RETURN AS WELL AS GSTR 1 AND 3B MR.X HAS NOT TAKEN CESS IN HIS RETURN
NOW DEPARTMENT HAS ISSUED NOTICE FOR PAYING OUTWARD LIABILITY OF CESS BUT DEPARTMENT HAS NOT CONSIDERED INPUT CREDIT OF CESS ALSO
NOW HOW TO RESPONSE IF WHOLE OUTWARD LIABILITY IS TO PAID OR INPUT CAN BE DEDUCTED FROM SUCH LIABILITY?

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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10 July 2024 In response to the notice issued by the department regarding the payment of outward liability of CESS, and considering that input credit of CESS has not been considered, here’s how you can approach the situation:

### Steps to Respond:

1. **Review the Notice**: Carefully review the notice issued by the department. Understand the specific details regarding the calculation of outward liability of CESS and the reasons stated for issuing the notice.

2. **Check Input Credit**: Verify whether you have input tax credit (ITC) of CESS available in your electronic credit ledger. Input tax credit of CESS should ideally be reflected in your GST returns (GSTR-3B) where applicable.

3. **Prepare Response Documentation**:
- **Calculation of Liability**: Calculate the total outward liability of CESS as per the notice issued by the department.
- **Verification of Input Credit**: Cross-check the available input tax credit of CESS in your GST records. Ensure that the ITC is correctly claimed and reflected in your returns.
- **Prepare Reconciliation**: If there is any discrepancy between the outward liability and input credit claimed, prepare a reconciliation statement to clearly demonstrate the calculation and adjustments.

4. **Response to the Department**:
- **Reply Letter**: Draft a formal reply to the department addressing the points raised in the notice.
- **Explanation**: Provide a detailed explanation of why CESS was not included in your previous returns (Annual Return, GSTR-1, GSTR-3B), if applicable.
- **ITC Adjustment**: Clearly state that you intend to adjust the outward liability with the available input tax credit of CESS as per GST laws.
- **Supporting Documents**: Attach supporting documents such as reconciliation statements, GSTR filings, and any other relevant records.

5. **Submit Response**: Submit the response to the department within the stipulated timeframe mentioned in the notice. Ensure that all documents are properly organized and securely submitted.

### Points to Consider:

- **Compliance**: Ensure compliance with GST laws regarding the utilization of input tax credit for payment of outward liabilities.
- **Accuracy**: Double-check all calculations and documents before submitting your response to avoid any discrepancies.
- **Legal Advice**: If needed, consult with a tax professional or a GST expert to ensure that your response is legally sound and addresses all aspects of the notice.

By following these steps and providing a clear and comprehensive response, you can effectively address the department’s notice regarding the payment of CESS liability and the utilization of input tax credit.

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