Page 36 - GSTL_21st May 2020_Vol 36_Part 3

J62 GST LAW TIMES [ Vol. 36
such return not later than the last date on which he is required to furnish such
return :
Provided that every registered person furnishing return under the proviso to
sub-section (1) shall pay to the Government, the tax due taking into account
inward and outward supplies of goods or services or both, input tax credit
availed, tax payable and such other particulars during a month, in such form
and manner, and within such time, as may be prescribed :
Provided further that every registered person furnishing return under sub-
section (2) shall pay to the Government the tax due taking into account turn-
over in the State or Union territory, inward supplies of goods or services or
both, tax payable, and such other particulars during a quarter, in such form
and manner, and within such time, as may be prescribed.”
The above proviso is clearly saying that tax due from the assessee shall be deter-
mined on filing of GSTR-3B return and due date is 20th day of succeeding month.
Now, the Government has decided for filing GSTR-3B by the taxpayers in the stag-
gered manner i.e. 20th, 22nd and 24th as notified vide Notification No. 7/2019-
C.T., dated the 3rd February, 2020. Therefore, interest liability arises when tax
payment is made beyond the due date as applicable to the taxpayers.
Manner of payment of tax
The payment of tax, interest, penalty and other amounts shall be made
by utilizing amount available in the credit ledger maintained under Section 41
and Section 43A and cash ledger maintained under Section 49(1) by the taxpayer.
Every registered person shall, subject to such conditions and restrictions
as may be prescribed, be entitled to take the credit of eligible input tax, as self-
assessed in his return and amount so credited shall be utilised only for payment
of self-assessed output tax as per the return (GSTR-3B) under Section 41.
Section 49(3) the amount available in the electronic cash ledger may be
used for making any payment towards tax, interest, penalty, fees or any other
amount payable under the provisions of this Act or the rules made thereunder in
such manner and subject to such conditions and within such time as may be pre-
scribed.
Section 49(4) the amount available in the electronic credit ledger may be
used for making any payment towards output tax under this Act or under the
Integrated Goods and Services Tax Act in such manner and subject to such con-
ditions and within such time as may be prescribed.
Section 49(5) the amount of input tax credit available in the electronic
credit ledger of the registered person on account of -
(a) integrated tax shall first be utilised towards payment of integrated
tax and the amount remaining, if any, may be utilised towards the
payment of Central tax and State tax, or as the case may be, Union
territory tax, in that order;
(b) the Central tax shall first be utilised towards payment of Central tax
and the amount remaining, if any, may be utilised towards the
payment of Integrated tax;
(c) the State tax shall first be utilised towards payment of State tax and
the amount remaining, if any, may be utilised towards payment of
integrated tax;
GST LAW TIMES  21st May 2020  36