
CBIC clarifies on the applicability of GST on additional/ penal interest under EMI schemes
An Equated Monthly Instalment (‘EMI’) is a fixed amount paid by the borrowe rto the lender on a specified date every month. The EMI includes month principal and interest components, which aggregate to an equal amount of outflow every month. Over a specified period, the loan is fully paid off along with interest. In cases the EMI payment schedule is not complied, there could be levy of additional interest/ penal interest to compensate for the delay.
Clarifications were sought if GST was also applicable on additional/ penal interest charged for delay in EMI payments.
Vide Circular No. 102/21/2019-GST dated 28 June 2019, the CBIC has clarified
The summary of the Circular is given below:
1. The additional/ penal interest would be charged by the financier for any delay in payment of the EMI on the scheduled date. Questions were raised before the CBIC on the treatment of the same under GST law:
2. The CBIC has provided two examples to explain the position:
Clarification by CBIC:
Clarification by CBIC:
The Circular reaffirms the existing position of GST law and provides guidance to businesses in order to assess the impact of GST on additional/penal interest collected from customers. Businesses should be cognizant of the above implications in case of structuring transactions with financing arrangements.