Recently in a post we had discussed that vide notification 63/2020 and a press release it was clarified that interest under GST would be levied on net liability and not gross liability i.e. liability after consuming the ITC.
GST policy wing has issued administrative instructions F. No. CBEC- 20/01/08/2019-GST on 18.09.2020 for recovery of interest on net cash liability and to implement the above amendment which is as under:
“Based on the recommendations of the 35th meeting of the GST Council held on 21st June, 2019, the provision of section 50 was amended vide section 100 of the Finance (No. 2) Act, 2019 to provide for charging interest on the net cash tax liability. The said amendment was to be made effective from a date to be notified by the Government. Accordingly, the said provision was made effective vide notification No. 63/2020 — Central Tax dated the 25th August. 2020, w.e.f. 01.09.2020.
2. The GST Council, in its 39th meeting, held on 14th March, 2020 recommended interest to be charged on the net cash tax liability w.e.f. 01.07.2017 and accordingly, recommended the amendment of section 50 of the CGST Act retrospectively w.e.f. 01.07.2017. The retrospective amendment in the GST laws would be carried out in due course through suitable legislation.
3. Post issuance of notification 63/2020 — Central Tax dated the 25th August, 2020, there were apprehensions raised by taxpayers that the said notification is issued contrary to the Council’s recommendation to charge interest on net cash liability w.e.f. 01.07.2017. Consequently, a press release, dated 26.08.2020 was issued to clarify the position. Further, in order to implement the decision of the Council in its true spirit, and at the same time working within the present legal framework, it has been decided to address the issue through administrative arrangements, as under:
a. For the period 01.07.2017 to 31.08.2020, field formations in your jurisdiction may be instructed to recover interest only on the net cash tax liability (i.e. that portion of the tax that has been paid by debiting the electronic cash ledger or is payable through cash ledger); and
b. wherever SCNs have been issued on gross tax payable, the same may be kept in Call Book till the retrospective amendment in section 50 of the CGST Act is carried out.
4. Difficulty, if any, in the implementation of these instructions may please be brought to the notice of the Board.”
The above instruction are administrative and internal for implementation by GST officers and hence this should stop the SCN which could have been issued by officer for recovery of tax due to machinery difficulty.
You can read the instructions by CLICKING HERE.