Clarification in respect of refund of tax specified in section 77(1) of the DGST Act and section 19(1) of the IGST Act

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.... in section 77(1) of the Delhi Goods and Services Tax Act, 2017 (hereinafter referred to as "DGST Act") and section 19(1) of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as "IGST Act"). In order to clarify these issues and to ensure uniformity in the implementation of the provisions of law across the field formations, the Board, in exercise of its powers conferred by section 168 (1) of the DGST Act, hereby clarifies the issues detailed hereunder: 2.1 Section 77 of the DGST Act, 2017 reads as follows: "77. Tax wrongfully collected and paid to Delhi Government or State Government. - (1) A registered person who has paid the Delhi tax and State tax or, as the case may be, the Delhi tax and the Union territory tax....

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....tions, and whether refund claim under the said sections is available only if supply made by a taxpayer as inter-State or intra-State, is subsequently held by tax officers as intra-State and inter-State respectively, either on scrutiny/ assessment/ audit/ investigation, or as a result of any adjudication, appellate or any other proceeding or whether the refund under the said sections is also available when the inter-State or intra-State supply made by a taxpayer, is subsequently found by taxpayer himself as intra-State and inter-State respectively. 3.2 In this regard, it is clarified that the term "subsequently held" in section 77 of DGST Act, 2017 or under section 19 of IGST Act, 2017 covers both the cases where the inter-State or intra-St....

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.... by him, in respect of a transaction considered by him to be an intra-State supply, which is subsequently held to be an inter-State supply, may, before the expiry of a period of two years from the date of payment of the tax on the inter-State supply, file an application electronically in FORM GST RFD-01 through the common portal, either directly or through a Facilitation Centre notified by the Commissioner: Provided that the said application may, as regard to any payment of tax on inter-State supply before coming into force of this sub-rule, be filed before the expiry of a period of two years from the date on which this sub-rule comes into force." 4.2 The aforementioned amendment in the rule 89 of DGST Rules, 2017 clarifies that the refu....

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.... 24.09.2021, the last date for filing refund application in FORM GST RFD-01 would be 23.09.23 (two years from date of respective notification of State Tax) 2 Having realized on his own that the said transaction is an inter-State supply, "A" paid IGST in respect of the said transaction on 10.11.2021 i.e. after issuance of notification No. 35/2021-State Tax dated 17.01.2022 (effective from 24.09.2021) Since "A" has paid the correct tax on 10.11.2021, in terms of rule 89 (1A) of the DGST Rules, the last date for filing refund application in FORM GST RFD-01 would be 09.11.2023 (two years from the date of payment of tax under the correct head, i.e. integrated tax) 3 Proper officer or adjudication authority or appellate authority of "A" has ....