Tax classification error: refund and interest relief apply when supplies are recharacterised between intra state and inter state. Where a registered person has paid central tax and State tax treating a transaction as an intra State supply but it is later held to be an inter State supply, the person shall be refunded the amount of taxes so paid in the manner and subject to such conditions as may be prescribed; and where integrated tax was paid on a transaction treated as an inter State supply but subsequently held to be an intra State supply, the registered person shall not be required to pay interest on the amount of State tax payable.
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.
Tax classification error: refund and interest relief apply when supplies are recharacterised between intra state and inter state.
Where a registered person has paid central tax and State tax treating a transaction as an intra State supply but it is later held to be an inter State supply, the person shall be refunded the amount of taxes so paid in the manner and subject to such conditions as may be prescribed; and where integrated tax was paid on a transaction treated as an inter State supply but subsequently held to be an intra State supply, the registered person shall not be required to pay interest on the amount of State tax payable.
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