Question 5 - Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted against wrongly paid IGST or vice versa?
Faq On GST (2nd Edition) Dated 31.3.2017 Chapter 14 Refunds
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Mistaken GST classification: refund is required under Section 77 rather than adjusting IGST with CGST/SGST. A taxable person who has paid tax under the wrong GST head because of an incorrect interstate/intrastate classification cannot adjust CGST/SGST against wrongly paid IGST or vice versa; the appropriate remedy is a refund of the tax so paid under the statutory refund mechanism set out in the GST law, specifically Sec.77.
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.
Mistaken GST classification: refund is required under Section 77 rather than adjusting IGST with CGST/SGST.
A taxable person who has paid tax under the wrong GST head because of an incorrect interstate/intrastate classification cannot adjust CGST/SGST against wrongly paid IGST or vice versa; the appropriate remedy is a refund of the tax so paid under the statutory refund mechanism set out in the GST law, specifically Sec.77.
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