Clarification on Charging of Interest for Wrong Availment of IGST Credit – Circular No. 192/04/2023-GST
<p>Circular No. 192/04/2023-GST provides a much-needed clarification on the charging of interest under section 50(3) of the CGST Act when Input Tax Credit (ITC) for Integrated Goods and Services Tax (IGST) has been wrongly availed. This circular aims to clear up confusion regarding the calculation of interest on wrongly availed and reversed IGST credit.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>Interest Calculation on Wrongly Availed IGST Credit</strong>: The circular clarifies that when IGST credit is wrongly availed and subsequently reversed, interest under section 50(3) will be calculated based on the total balance of ITC available in the electronic credit ledger, considering all tax heads (IGST, CGST, and SGST), not just the IGST balance alone.</li><li><strong>No Interest If ITC Balance Never Falls Below Wrongly Availed Credit</strong>: No interest will be charged if, between the date the IGST credit was wrongly availed and its reversal, the total balance of ITC (across IGST, CGST, and SGST) never falls below the wrongly availed IGST credit amount, even if the IGST credit balance alone is less than the wrongly availed credit.</li><li><strong>Interest Applicable When ITC Balance Falls Below</strong>: If at any point the total ITC balance (IGST, CGST, and SGST) falls below the wrongly availed IGST credit, it will be considered as utilization of the wrongly availed credit, and interest will be charged accordingly, as per section 50(3) of the CGST Act.</li><li><strong>Compensation Cess Credit</strong>: The circular also addresses the treatment of compensation cess credit. It is clarified that the credit of compensation cess cannot be utilized to pay IGST, CGST, or SGST taxes. Hence, it will not be considered when calculating the total ITC balance for interest calculation on wrongly availed credit.</li><li><strong>Uniform Implementation</strong>: This clarification is intended to ensure uniformity in the implementation of the provisions related to interest calculation for wrongly availed IGST credit, offering more clarity to businesses and tax authorities alike.</li></ul><p>This circular helps businesses better understand the nuances of GST compliance, particularly in cases where mistakes are made regarding IGST credit availment and reversal.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-192.pdf">circular-cgst-192</a><br> </p>