Demand on Audit

264 views 5 replies

Anoop srivastava

223 Points Joined December 2018

We had surrendered our RC a year back and in that there was ITC available of more than 27k , the refund of which was not taken as per rule. Now we had received GST audit notice and in that some demand including interest of app 10k has been levied. Can we adjust the demand from ITC even after surrender of ITC and also inform whether the officer can levy interest etc if sufficient ITC is available.

Replies (5)

RAJA

accountant

118 Points Joined July 2012

Interest need to be paid by cash and any short payment of tax you can adjust with available input credit

Anoop srivastava

223 Points Joined December 2018

Thanks but how department can calculate interest if sufficient ITC is available and demand can be adjusted fully from that

CA Sachin M Jain

CA | GST | Refunds | Advisory | Litigati

1463 Points Joined March 2018

1. Interest is always to be paid through E-Cash ledger, ITC balance cannot be used for payment of Interest

2. Interest can be levied for delayed reporting and payment of GST even when paid through ITC

3. You need to understand the nature of demand raised by the GST officers, only then you can decide applicability of Interest on delay payments

For more details -

CA Sachin M Jain
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Anoop srivastava

223 Points Joined December 2018

Thanks. I believe even after surrendering RC we can adjust the demand with unutilised ITC except interest if any.

Pankaj Rawat

GST Practitioner

55062 Points Joined June 2017

Yes correct .
As per Section 49 of CGST Act , Interest, penalties need to be adjusted by Cash Ledger & any output liability can be adjusted against Credit ledger.