Provisions under Section 77 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Tax Wrongfully Collected and paid to Central Government or State Government”, are as under:
Section 77 of CGST Act 2017: Tax Wrongfully Collected and paid to Central Government or State Government (CHAPTER XV – DEMANDS AND RECOVERY)
(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.
Amendments History:
1. CBEC notifies 01/07/2017 as the Commencement date for Section 77 of the CGST Act 2017, vide Central Tax Notification 9/2017 dt. 28/06/2017.
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Note: The CGST Act, 2017 has been notified vide GOI Notification dt. 12/04/2017, which has subsequently been amended through CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance (No. 2) Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020, Finance Act 2021, including various Notifications issued by the Govt./ CBIC from time to time, relating to the commencement dates of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required. Information on this page is a Section-wise compilation of Amendments made by all such Notifications, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website.
| CBIC Updates (GST) |
| GST Circulars, Notifications, Press Releases, Orders, etc. issued by the Central Board of Indirect Taxes & Customs (CBIC) in different years, along with Section-wise/ Rule-wise Text of GST Acts/ Rules: |
| CGST: CGST Act/ Definitions, CGST Rules, GST Forms |
| IGST: IGST Act/ Definitions, IGST Rules |
| UTGST: UTGST Act/ Definitions, UTGST Rules |
| CBIC Circulars (CGST/ IGST/ UTGST): 2021, 2020, 2019, 2018, 2017 |
| CBIC GST Instructions: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC CGST Notifications: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC CGST Rate Notifications: 2021, 2020, 2019, 2018, 2017 |
| CBIC IGST Notifications: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC IGST Rate Notifications: 2020, 2019, 2018, 2017 |
| CBIC UT Tax/ UTGST Notifications: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC UT Tax/ UTGST Rate Notifications: 2020, 2019, 2018, 2017 |
| CBIC Compensation Cess Notifications: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC Compensation Cess Rate Notifications: 2022, 2021, 2020, 2019, 2018, 2017 |
| CBIC Orders (CGST/ IGST/ UTGST): 2020, 2019, 2018, 2017 |
| CBIC Press Releases: 2020, 2019, 2018, 2017 |
| GST Portal/ Network (GSTN) Updates |
| Note: For Official/ updated copy, please visit the CBIC website. |
I have the same case. I charged CGST/SGST in place of IGST from July 2017 onwards up to March 2018. Please guide me what should i do?
I have wrongly remitted 18% GST, instead of @5% applicable rate. How can I claim the balance 13% GST refund back from October 2017 to July 2018?
you have to pay igst first and then claim for refund of cgst and sgst by filling rfd 01 form?
I took cgst and sgst itc credit instead of igst itc credit during 17=18 and 18-19. This mistake came to knowledge now. What to do? what are the options?
At present SGST, CGST and IGST can be transferred for credit adjustments among them.