Composition tax dealer collected tax in the invoices

A case where, the businessman has been registered as a Composition Dealer by a GST consultant, has been collecting tax in the bills as a Regular Dealer.

Even though the invoices/bills show separately tax collected, the consultant continued to file his returns on composition basis making computation from these very invoices.

This went on for more than a year till the customers started complaining the businessman for not getting invoice details of their purchase on GST Portal.

Clarification sought : is there a possibility for paying the tax collected after adjusting Input Tax Credit along with interest with retrospective effect despite his registration as a composite dealer.

Replies (1)
No....if you are registered as composite dealer cannot claim ITC.

As per section 73 , 76 have to pay tax wrongly availed & collected with Interest as per section 50 CGST & penalty ie

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