Wrongful tax collection: refund entitlement for misclassified supplies and no interest on reclassified intra-state tax obligations. Where a taxable person pays CGST/SGST treating a transaction as intra-state but it is later held inter-state, the person is entitled to a refund of the CGST/SGST paid in the prescribed manner and conditions. Where IGST is paid treating a transaction as inter-state but is later held intra-state, the person shall not be required to pay interest on the CGST/SGST payable following reclassification.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Wrongful tax collection: refund entitlement for misclassified supplies and no interest on reclassified intra-state tax obligations.
Where a taxable person pays CGST/SGST treating a transaction as intra-state but it is later held inter-state, the person is entitled to a refund of the CGST/SGST paid in the prescribed manner and conditions. Where IGST is paid treating a transaction as inter-state but is later held intra-state, the person shall not be required to pay interest on the CGST/SGST payable following reclassification.
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