Chartered Accountant
1147 Points
Joined August 2013
As per section 142(11)(a) of CGST Act, notwithstanding anything in sec 12 of the act, no GST is payable on goods to the extent of VAT leviable on said goods..
In the present case as the removal has happened in VAT regime and levy of VAT is already attracted on said removal. Hence no GST is payable though consideration is received in GST regime.
Further, w.r.t interest received on late payment of consideration, it is included in value of supply as per sec 15 of the CGST Act. Hence, interest is just a valuation mechanism but not a separate supply. Value of supply needs to be be determined at the time of supply which is in VAT regime wherein interest is not to be included.
Hence, GST is not payable even on interest received if the corresponding supply is in VAT regime.