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Rule 37 amendment - Implications for taxpayers


Rule 37 - impact of the amendment

The view expressed is debatable on below reasoning:
The expression "an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability" in the proviso to Section 16(2) would indicate that interest liability is seen from the context of Section 50(1) and not Section 50(3). Moreover, Section 50(3) would apply only when ITC was “wrongly” availed, whereas in this case it can be possibly contended that ITC was correctly availed at the point in time when it was availed.
Accordingly, Rule 37(1) read with Section 50(1) would imply that interest liability would get triggered only when the amount required to be added in the tax liability of GSTR-3B filed immediately after 180 days from the purchase invoice date is not disclosed and paid to Govt. Exchequer as per the said timelines.

tractor mahindra 15/10/2022

 

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