Section 77 of GST – Tax wrongfully collected and paid to Central Government or State Government

Section 77 of GST – Tax wrongfully collected and paid to Central Government or State Government. Everything you want to know about GST Section 77. In this section you may find all details for “Tax wrongfully collected and paid to Central Government or State Government” as per GST Act 2017Detailed Analysis of GST Section 77 of GST Act 2017. We Provide Complete Details for All GST Section’s and In this article you may find all details for GST Section 77. Check Section Wise Analysis of GST Act 2017, Chapter Wise Analysis of GST All Sections. in this article you may find complete details regarding Section 77 of GST Act 2017 – Tax wrongfully collected and paid to Central Government or State Government, gst all sections and definitionsNow Check more details from below…..

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Section 77 of GST – Tax wrongfully collected and paid to Central Government or State Government

(1) A registered person who has paid the Central tax and State tax or, as the case may be, the Central tax and the Union territory tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed.

(2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of central tax and State tax or, as the case may be, the Central tax and the Union territory tax payable.

Analysis of this section

Introduction – This provision deals with a situation when CGST/SGST or CGST/UTGST is paid on any interstate supply. Further also it covers interest implication a situation where IGST is paid on transaction of intra-state supply.

Analysis

  • (i) This provision deals with a situation when, if a taxable person wrongly pays CGST/SGST or CGST/UTGST on the transaction treating it as intra-state supply, but which is subsequently held to be inter-state supply. Upon payment of IGST on such transaction, the CGST/SGST or CGST/UTGST will to be refunded in such manner and subject to prescribed conditions.
  • (ii) The refund of such CGST/SGST or CGST/UTGST would be granted subject to such conditions as may be prescribed in this regard.
  • (iii) If a taxable person wrongly pays IGST by treating a supply as inter-state supply, which is subsequently held to be intra-state supply, interest is not required to be paid on the CGST/SGST or CGST/UTGST payable.

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