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Published on:
March 21, 2023
By
Harshini

Deposit in Electronic Cash Ledger prior to due date of GSTR 3B filing not amount to discharge of tax liability

As per the GST law, depositing money in the electronic cash ledger prior to the due date of filing GSTR-3B does not amount to the discharge of tax liability. The electronic cash ledger is a facility provided by the government to help taxpayers pay their tax liability under GST. Taxpayers can deposit money in the electronic cash ledger through online modes of payment such as internet banking, credit or debit cards, NEFT/RTGS, etc.

However, simply depositing money in the electronic cash ledger does not mean that the taxpayer has discharged their tax liability. The tax liability is discharged only when the taxpayer files the GSTR-3B return and offsets the tax liability against the balance in the electronic cash ledger.

In other words, depositing money in the electronic cash ledger prior to the due date of filing GSTR-3B is a prepayment of tax and cannot be considered as discharge of the tax liability. The taxpayer must file the GSTR-3B return and claim the tax credit from the electronic cash ledger to offset their tax liability.

It is important for taxpayers to file their GSTR-3B returns on time and reconcile their electronic cash ledger regularly to ensure that they have sufficient balance to offset their tax liability. Failure to do so can result in penalties, interest, and legal consequences under the GST law.

Electronic cash ledger under GST

The electronic cash ledger is an electronic ledger that is maintained on the GST portal for each taxpayer who is registered under the GST regime. It contains the details of all the deposits made by the taxpayer towards their tax liability, interest, penalty, fees, and other dues under GST.

When a taxpayer makes a payment towards their tax liability, the amount is credited to their electronic cash ledger on the GST portal. The taxpayer can use the balance in the electronic cash ledger to pay their tax liability, interest, penalty, fees, or any other dues under GST.

The electronic cash ledger is credited with the following:

1. Payment of tax liability through cash, credit, or debit card, internet banking, or NEFT/RTGS

2. Tax refund received from the government

3. Interest, penalty, or late fee deposited by the taxpayer

4. Any other amount deposited by the taxpayer

The electronic cash ledger is debited with the following:

1. Payment of tax liability through the utilization of input tax credit (ITC)

2. Payment of interest, penalty, or late fee against the tax liability

3. Any other payment made by the taxpayer

The electronic cash ledger is a useful tool for taxpayers to manage their tax liability under the GST regime. It provides real-time updates on the balance available for payment, and the taxpayer can use it to make timely payments to avoid penalties and interest charges. It is important for taxpayers to regularly reconcile their electronic cash ledger to ensure that they have sufficient balance to meet their tax liability.

The due date for filing GSTR-3B return

The due date for filing GSTR-3B return is the 20th of the following month. For example, if a taxpayer wants to file the GSTR-3B return for the month of January, the due date will be February 20th. However, it is important to note that the due date for filing GSTR-3B may be different for certain types of taxpayers, such as those registered under the composition scheme or those who are required to file the return on a quarterly basis. Therefore, taxpayers should check their specific due dates and file their GSTR-3B returns within the specified time frame to avoid any penalties or interest charges.

FAQs

Q: What is the electronic cash ledger under GST?

A: The electronic cash ledger is an electronic ledger that is maintained on the GST portal for each taxpayer who is registered under the GST regime. It contains the details of all the deposits made by the taxpayer towards their tax liability, interest, penalty, fees, and other dues under GST.

Q: Can depositing money in the electronic cash ledger prior to the due date of filing GSTR-3B discharge the tax liability?

A: No, depositing money in the electronic cash ledger prior to the due date of filing GSTR-3B does not amount to the discharge of tax liability. The tax liability is discharged only when the taxpayer files the GSTR-3B return and offsets the tax liability against the balance in the electronic cash ledger.

Q: What is the due date for filing GSTR-3B return?

A: The due date for filing GSTR-3B return is the 20th of the following month. For example, the due date for filing the GSTR-3B return for the month of January is February 20th.

Q: Can a taxpayer claim a refund of the balance in the electronic cash ledger?

A: Yes, a taxpayer can claim a refund of the balance in the electronic cash ledger if it is not required for payment of tax liability, interest, penalty, fees, or any other dues under GST. The taxpayer can file a refund application on the GST portal and the refund will be credited to the taxpayer's bank account.

Q: Can a taxpayer use the balance in the electronic cash ledger to pay the tax liability under any other tax head?

A: No, the balance in the electronic cash ledger can be used only for payment of tax liability under the same tax head. For example, the balance in the electronic cash ledger under the IGST head can be used only for payment of IGST liability and not for payment of CGST or SGST liability.

Q: What are the consequences of non-payment or delayed payment of tax liability under GST?

A: Non-payment or delayed payment of tax liability under GST can result in penalties, interest, and legal consequences under the GST law. The penalty for non-payment or delayed payment of tax liability is 10% of the tax amount or a minimum of Rs. 10,000. In addition, interest is charged at the rate of 18% per annum on the outstanding tax liability.

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