Tax collected but not remitted attracts Section 76 liability, while delayed GSTR-3B credit remains time-barred.
Case-Laws
GST
Section 76 requires every person collecting an amount as tax to remit it to the Government, irrespective of registered status, composition scheme, exempt supplies, or the passing of input tax credit. Tax invoices and bank records evidencing consideration inclusive of tax establish actual collection for this purpose. Input tax credit is available only within statutory time limits; GSTR-3B returns filed after the prescribed deadline cannot validly be used to utilise time-barred credit. Debits through the electronic credit ledger for such credit are irregular and liable to disallowance, with consequential tax demand, interest, and equivalent penalty.
TMI Updates – Highlights, quick notes, marquee, annotation, news, alerts
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =