As per the recent case law also, the GST needs to be paid on gross liability. Though there was a press release proposing interest on net liability, the same was not notified.
Anyway interest amount do not change if it is paid now or later. Can wait for clarification and reply to the letter..
That is impressive on part of department. Yes its a valid demand as payment will only be valid when you actually make payment from itc ledger or cash ledger. Availability of the balance in either of the ledger doesn't ensure payment. So interest on gross amount.
There is a press release that it will be amended in the law such that interest should be paid on net amount. But doesn't mean a thing untill the act is actually amended and this may take quite some time.
As per the existing provisions, its on the gross liability, though harsh
GST council has proposed charging interest on net liability, In 31st GST Council Meeting but it has not been affected by any amendment or notification & Moreover the Talangan High Court Judgement came on to charge Interest on Gross Liability. Hence charge on Gross .
Note : Delhi high court, wires of the provision has also been challenged , hope to see some positive results ! Next hearing is fixed on 30.09.19
Leave a Reply
Your are not logged in . Please login to post replies