Service
440 Points
Joined August 2009
| Originally posted by : RAJA P M |
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In sec 50(3) of CGST act says., "A taxable person who makes an **UNDUE or EXECESS CLAIM of INPUT TAX CREDIT" under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent., as may be notified by the Government on the recommendations of the Council... |
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Yes Sir, I agree with your submission that, Sec 50(3) is specifying interest shall be paid, but where the credit is undue or excess as per Sec 42(10) or 43(10) of CGST Act.
If we travel to Sec 42(10) or 43(10), it says,
"The amount reduced from the output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability..."
My point is, does voluntary reversal fall into the category of Subsection 42(10) or does voluntary reversal of ITC is in contravention of the provisions of sub-section (7)?