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Section 77 – Tax wrongfully collected and paid to Central or State Govt. under CGST Act 2017

Detail analysis of notified Rules and the provisions of Section 77 (Tax wrongfully collected and paid to Central Government or State Government) of the Central Goods and Services Tax (CGST) Act, 2017.

Chapter XV (Sections 73-84) of the Central Goods and Services Tax (CGST) Act, 2017 deals with provisions related to Demands and Recovery. Section 77 of Central Goods and Services Tax Act, 2017 (12 of 2017) provides for Tax wrongfully collected and paid to Central Government or State Government under CGST Act 2017.

Recently, we have discussed in detail section 76 (i.e. Tax collected but not paid to Government) of CGST Act 2017. Today, we learn the provisions of section 77 of the CGST Act 2017. Complete Details of CGST Section 77 – Tax wrongfully collected and paid to Central Government or State Government. You may CLICK HERE to download list of all sections of CGST Act 2017 in PDF format.

Notes on Section 77 of CGST Act 2017

Section 77 of CGST Act 2017 shall come into force on 01.07.2017 vide Notification No. 9/2017 – Central Tax, G.S.R. 658(E), dated 28.06.2017. In this note, you will learn detail of the provisions of section 77 of CGST Act 2017 read with Central GST Rules 2017.

Section 77(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.

Section 77(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.

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