Refund of wrongly paid tax: taxpayers may claim refund after correcting classification and payment under the correct tax head. Clarification explains that refund for tax wrongfully paid because a supply was misclassified is available whether the taxpayer reclassifies the supply or a tax authority does so, provided the taxpayer pays tax under the correct head. The refund claim must be filed within two years from the date of payment under the correct head, or, for payments made before the notification, within two years from the notification date. Refunds are not available where the tax has been adjusted by issuance of a credit note.
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.
Refund of wrongly paid tax: taxpayers may claim refund after correcting classification and payment under the correct tax head.
Clarification explains that refund for tax wrongfully paid because a supply was misclassified is available whether the taxpayer reclassifies the supply or a tax authority does so, provided the taxpayer pays tax under the correct head. The refund claim must be filed within two years from the date of payment under the correct head, or, for payments made before the notification, within two years from the notification date. Refunds are not available where the tax has been adjusted by issuance of a credit note.
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