Ramkumar Enterprises is entitled for exemption from tax under GST law. However, it collected tax from its buyers worth - 50,000 in the month of…

CA Final · Indirect Tax Laws · MTP · September 2025
Ramkumar Enterprises is entitled for exemption from tax under GST law. However, it collected tax from its buyers worth - 50,000 in the month of August. It has not deposited the said amount collected as GST with the Government. You are required to brief to Ramkumar Enterprises the consequences of collecting tax, but not depositing the same with Government as provided under section 76 of the CGST Act, 2017.

Suggested Answer and Working Notes:

It is mandatory to pay amount, collected from other person representing tax under GST law, to the Government. Every person who has collected from any other person any amount as representing the tax under GST law, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not. For any such amount not so paid, proper officer may issue SCN for recovery of such amount and penalty equivalent to amount specified in notice. The proper officer shall, after considering the representation, if any, made by the person on whom SCN is served, determine the amount due from such person and thereupon such person shall pay the amount so determined alongwith interest at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government.

Topics: Demands and Recovery

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