Whether GST paid after 2 years in arrears under RCM with interest can be availed and utilised against current output?
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Quick Summary
This discussion explores whether GST paid under Reverse Charge Mechanism (RCM) in arrears, even with interest, can be claimed as input tax credit (ITC). While some argue it can be utilised from the electronic cash ledger, others point to Section 16(4) of the GST law, which imposes time limits for claiming ITC. A key distinction is made between paying RCM via cash and utilising ITC, as RCM tax is not considered 'Output Tax' and must generally be paid in cash, especially if the annual return has already been filed.
I know it but after paying it you need to claim ITC back. I am asking the query from Kishor Lulla. Let him reply , don't put your fingers I'd you don't know reply
Legal Comment : Tax paid Under Reverse charge available as input Tax : As per the definition of Input Tax , u/s 2(62) it includes the taxpayble under provision of 9(3)(4). & As per Section 16(4) it's time limit is prescribed to claim ITC .
Note : It was in press released in regard to reporting RCM entries in GSTR9 in FY being deposited in cash .
Why RCM is paid In Cash : As per the definition of Output Tax Under section 2(82) excludes taxpayable on Reverse Charge . Since RCM is not considered as part of Output Tax so input tax cannot be utilized for payment tax under reverse charge , so need to be pay in cash
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