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A case for interest to be ‘compensatory’ under India’s GST law – part one

  • The GST Council in India has been working to align the country’s tax laws with international best practices and make it a more business-friendly jurisdiction.
  • One area of interest has been the question of interest liability, which is levied at 18% per annum on delayed payment of tax and utilisation of wrongfully availed credit under India’s GST law.
  • The authors of the article argue that interest should be compensatory rather than punitive, and the GST Council has rationalised interest rates and provisions accordingly.
  • The Council has also made amendments to Section 50(3) and introduced a proviso to Section 50(1) of the Central Goods and Services Tax (CGST) Act to further rationalise interest provisions.

Source International Tax Review

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