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GST ITC for wrong tax charged

Madhavan iyengar

A supplier has charged wrong tax ie instead of CGSt/SGST he has charged IGST can the receiver claim credit of the wrong tax charged whats the solution to this

Claiming Refund for Wrong Tax Payment Under Section 77 GST: No Interest or Penalty for Supplier Errors A supplier charged the wrong tax type, IGST instead of CGST/SGST, and the receiver inquired about claiming credit for this error. The response advised consulting specific GST circulars and guidelines, which state that if a taxpayer pays the wrong tax due to incorrect application of place of supply provisions, they can claim a refund without interest or unjust enrichment provisions. The guidelines clarify that refunds are admissible when tax payments are made to the wrong account, as per Section 77 of GST laws and Section 19 of IGST, allowing corrections without penalties. (AI Summary)
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