How to setoff Input credit ledger and output liablities (subsection 5 ,Sec 49 of CGST Act, 2017) as per new rules Notification no 3 /2019 Dated 29 Jan 2019
As per Law Language
Firstly, to take into consideration the new
sections inserted after section 49 of the CGST Act-
“49A. Notwithstanding anything contained in
section 49, the input tax credit on account of central tax, State tax or Union
territory tax shall be utilised towards payment of integrated tax, central tax,
State tax or Union territory tax, as the case may be, only after the input tax
credit available on account of integrated tax has first been utilised fully
towards such payment.
49B. Notwithstanding anything contained in
this Chapter and subject to the provisions of clause (e) and clause (f) of
sub-section (5) of section 49, the Government may, on the recommendations of
the Council, prescribe the order and manner of utilization of the input tax
credit on account of integrated tax, central tax, State tax or Union territory
tax, as the case may be, towards payment of any such tax.”.
After reading the above , new order of set-off of Input Tax Credit is : first of all we utilize the IGST input completely i.e Utilize the IGST input balance for IGST output liability then for CGST output liability and then for SGST Output liability or UTGST output liability . No other Input should be utilize until the whole IGST balance is utilized. and again CGST Input Balance and Liability can't be setoff from SGST Input balance and output liability .
Comparing Old & New Law on GST set-off
Table below showing Comparision of Rles of Set-off –
Table showing set-off as per Old Law :-
Payment for
|
First set off from
|
Then set off from
|
SGST
|
SGST
|
IGST
|
CGST
|
CGST
|
IGST
|
IGST
|
IGST
|
CGST and SGST
|
Tables showing set-off as per New rules applicable from 1- Feb-2019 :-
Payment for
|
First set off
|
Then set off
|
SGST
|
IGST
|
SGST
|
CGST
|
IGST
|
CGST
|
IGST
|
IGST
|
CGST and SGST
|
Conclusion :-
as per New Rules of Set-off now you should utilize your IGST Credit balance for any liablity of liability of tax, then use the same head Input for balance output liability after setoff of IGST input.
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