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MESSAGE BOARD

   

Interest on delayed filing of GST return: On gross or net tax liability?


section 50 issue settled 50 50

in case of suchitra components appex court held in 2077 that any beneficial law shall be effective retrospectively.

section 50 amended by 2019 ACT by way of insertion .the procedural part of it that is notifying is not done, due to 2 states politically not doing it.(this is going to be a routine phenomena). so its going to be retrospectively.

amendment means correction, or rectifying the wrong done.

one who has already paid advance tax that is the ITC while receiving inward supplies.so why he will pay interest on his own money, is a matter of common sense which bureaucracy is expected to posses.

system of return filing only having paid the tax cannot change the character of the fact that tax is paid by the taxpayer and the said tax collected from him by the buyer is also going to be paid by him with interest if delayed. so why double taxation. its ademocratic country na.

recovery proceeding for the interest on gross element is a foolish step and needs to be stopped by courts invariably with orders carrying strictures .

return filing has to be a distinct activity from paying tax. u cannot compel any one to file return only after making tax payment.bring old service tax system where as soon as the tax was paid it used to reach to exchequer immediately irrespective of relevant return being filed. even otherwise u are collecting delayed payment interest and delay filing fee separately na.

lets make the country dispute less.
not the ITC but confusions , harassment seem to be seamless

Navin Khandelwal 17/02/2020

 

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