Interest on wrongly claimed ITC
vikram kerekar (1244 Points)
20 June 2022Is Interest payable on ITC reversed due to wrongful claim in GST-3B even when balance in Credit Ledger is unutilized?
Is there any circular regarding the same?
Please help
vikram kerekar (1244 Points)
20 June 2022
CA. ANKIT PANDYA
(CA)
(682 Points)
Replied 20 June 2022
Refer Madras High Court decision in Aathi Hotel v. Assistant Commissioner, 2022-VIL-72-MAD.
There is a retrospective amendment in finance bill 2022 for section 50(3)
Finance Bill, 2022 has proposed to substitute new sub-section 50(3) retrospectively, with effect from the 1st July, 2017, so as to provide for levy of interest on input tax credit wrongly availed and utilized, and to provide for prescribing manner of calculation of interest in such cases
Refer Clause 110 in Finance Bill 2022
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 21 June 2022