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CMA Intermediate · Direct and Indirect Taxation · Returns and Payment of Taxes

Anand Textiles filed its GST return self-assessing a tax liability of Rs 3,00,000 and also received a demand order for a further Rs 2,00,000 of tax not self-assessed. It applies for instalments under the CGST Act. For what amount can instalments be allowed?

Instalments can be allowed only for the Rs 2,00,000 demanded, because the provision excludes the amount due as per liability self-assessed in any return. The Rs 3,00,000 self-assessed in the return must be paid in the normal way, so the total Rs 5,00,000 cannot be spread over instalments.

  1. ARs 5,00,000 in total
  2. BRs 3,00,000 only
  3. CRs 2,00,000 only, the amount not self-assessed in the returnCorrect
  4. DNeither amount, as instalments are never allowed

Explanation

The instalment provision applies to any amount due other than the amount due as per liability self-assessed in any return. So the Rs 3,00,000 self-assessed is excluded and only the Rs 2,00,000 demand qualifies. Rs 5,00,000 wrongly includes the self-assessed amount.

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