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Circular No. 162/18/2021-GST dated 25-09- 2021

Circular No. 162/18/2021-GST dated 25-09- 2021
The GOI has notified clarification in respect of refund of tax specified in section 77(1) of the CGST Act and section 19(1) of IGST Act. In the said notification it has been clarified that the term “subsequently held “ covers both the cases where the inter-State or intraState supply made by a taxpayer, is either subsequently found by taxpayer himself as intra-State or inter-State respectively or where the inter-State or intra-State supply made by a taxpayer is subsequently found/ held as intra-State or inter-State respectively by the tax officer in any proceeding. It is further clarified that he refunds under section 77 of CGST Act/ Section 19 of IGST Act, 2017 can be claimed before the expiry of two years from the date of payment of tax under the correct head. Refund under section 77 of the CGST Act / section 19 of the IGST Act would not be available where the taxpayer has made tax adjustment through issuance of credit note under section 34 of the CGST Act in respect of the said transaction. Source: https://www.cbic.gov.in/resources//htdocscbec/gst/Circular%20No.%20162_18_2021_ GST.pdf

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