Discuss whether the amount available in the electronic credit ledger can be used for making payment of any tax under the GST Laws?

CA Intermediate · Taxation · MTP · May 2024
Discuss whether the amount available in the electronic credit ledger can be used for making payment of any tax under the GST Laws?

Suggested Answer and Working Notes:

The amount available in the electronic credit ledger may be used for making any payment towards output tax under the CGST Act or the IGST Act, subject to the provisions relating to the order of utilisation of ITC. Further, output tax in relation to a taxable person is defined as the tax chargeable on taxable supply of goods or services or both but excludes tax payable on reverse charge mechanism. Accordingly, it is clarified that any payment towards output tax, whether self-assessed in the return or payable as a consequence of any proceeding instituted under the provisions of GST laws, can be made by utilization of the amount available in the electronic credit ledger of a registered person. It is further reiterated that as output tax does not include tax payable under reverse charge mechanism, implying thereby that the electronic credit ledger cannot be used for making payment of any tax which is payable under reverse charge mechanism.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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