I have excess claim itc in gstr3b in month of Dec. 2019 after i have already reversed excess itc was in month of Feb.2020. I have no any gst tax liabilities aries in before excess tax taken . Now Interest will be applicable on excess ITC tax clame credit amount?
Reply-Under Section 50(3) of CGST Act, a taxable person who makes an undue or Excess 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.
Wordings of above section itself clarifies that interest is applicable on such undue or Excess claim (whether it is utilised or not). As you have claimed Excess itc, interest liability will arise even if such amount has not been utilized. Some experts claim that interest will not be charged unless it is utilised.
Posted Date: Jun 03, 2021