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Case law relating unitised itc

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Tejpal Jain

160 Points Posted on 18 March 2022

my gst office passed to pay penalty & interest on wrongly claimed on itc.i had reversed all wrong amount of ITC.i did not used wrong ITC which is unused toward tax liability.

pls suggest case law relating that gst has no right to claim interest and penalty on unitised ITC.

Replies (2)

Quick Summary

This discussion addresses the issue of GST penalties and interest charged on Input Tax Credit (ITC) that was wrongly claimed but subsequently reversed. The original poster seeks case law to argue that interest and penalties should not apply to unutilised ITC. Advice suggests waiting for legislative changes proposed in the Finance Act 2021 and Finance Budget 2022, which may waive interest on reversed unutilised ITC.

Manojit Ghosh

32 Points Posted on 18 March 2022

Read section 112 of Finance Act, 2021 and Finance Budget, 2022. CA Manojit Ghosh

CA Altamush Zafar

GST Consultant

10402 Points Posted on 19 March 2022

It is still not passed as an Act. Wait for sometime and dont pay interest. As soon as the budget will get passed no interest on reversal of unutilised ITC