Section 76 of CGST Act,2017 Tax collected but not paid to Government
The below post explains about Tax collected but not paid to Government under section 76 of CGST Act,2017.
Section 76 of CGST Act, 2017 explains Tax collected but not paid to Government as below: (The amendments if any will also be updated here soon).
The extract of Section 76 of CGST Act,2017 quoted below:
76 Tax collected but not paid to Government
76. (1) Notwithstanding anything to the contrary contained in any order or direction
of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this
Act or the rules made thereunder or any other law for the time being in force, every person
who has collected from any other person any amount as representing the tax under this Act,
and has not paid the said amount to the Government, shall forthwith pay the said amount to
the Government, irrespective of whether the supplies in respect of which such amount was
collected are taxable or not.
(2) Where any amount is required to be paid to the Government under
sub-section (1), and which has not been so paid, the proper officer may serve on the person
liable to pay such amount a notice requiring him to show cause as to why the said amount as
specified in the notice, should not be paid by him to the Government and why a penalty
equivalent to the amount specified in the notice should not be imposed on him under the
provisions of this Act.
(3) The proper officer shall, after considering the representation, if any, made by the
person on whom the notice is served under sub-section (2), determine the amount due from
such person and thereupon such person shall pay the amount so determined.
(4) The person referred to in sub-section (1) shall in addition to paying the amount
referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the
rate specified under section 50 from the date such amount was collected by him to the date
such amount is paid by him to the Government.
(5) An opportunity of hearing shall be granted where a request is received in writing
from the person to whom the notice was issued to show cause.
(6) The proper officer shall issue an order within one year from the date of issue of the
notice.
(7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal,
the period of such stay shall be excluded in computing the period of one year.
(8) The proper officer, in his order, shall set out the relevant facts and the basis of his
decision.
(9) The amount paid to the Government under sub-section (1) or sub-section (3) shall
be adjusted against the tax payable, if any, by the person in relation to the supplies referred
to in sub-section (1).
(10) Where any surplus is left after the adjustment under sub-section (9), the amount
of such surplus shall either be credited to the Fund or refunded to the person who has borne
the incidence of such amount.
(11) The person who has borne the incidence of the amount, may apply for the refund
of the same in accordance with the provisions of section 54.
The above information clarifies about Tax collected but not paid to Government under section 76 of CGST Act,2017.
If you have any comments about Section 76 of CGST Act, 2017 explaining Tax collected but not paid to Government, share below your thoughts:
Click here to know GST rate of your goods or service
GST Exemption list of goods and services
Find HSN number or Service tariff code for GST
Indian GST Laws
How to export your goods?
How to get Export Order?
GST Registration Guidelines
Learn Imports and Exports business free of cost
Find HSN code of your product.
UTGST Act 2017, Payment of GST Tax
Furnishing details of inward supplies, CGST Act, 2017
Transfer of ITC, UTGST, 2017
Tax wrongfully collected and paid to Central Government or Union territory Government.
CGST Act, 2017 Furnishing of returns
Advance ruling, UTGST Act 2017
UTGST Act, Constitution of Authority for Advance Ruling.
Constitution of Appellate Authority for Advance Ruling, UTGST Act 2017
Tariff rate for sale of Steel and Iron in India
GST payable for Steel articles and Iron Articles
Tariff rate of GST payable for Copper and Copper articles
Rate of GST payable for Nickel and products of Nickel
Applicable GST for Aluminium and products made of aluminium
GST for Lead and products of Lead
Zinc and Zinc products, GST tariff rate in India
How to export goods from India?
Invoices pertaining to B2C transactions
Invoice level information details for GST returns
How to obtain acknowledgement for filing returns with GST
How to file GST returns?
Components of a valid TDS Return (GSTR-7):
Components of a valid ISD Return (GSTR-6)
Non-Resident Foreign Taxpayers (GSTR-5)
Introduction to this web site.
Is Airway bill a documents of title?
Is Customs House Agents (CHA ) required to be appointed mandatory?
Is DP terms of payment safe in export business?
Is Letter of Credit LC safe for an Importer?
Is ON BOARD CERTIFICATE required for LC negotiation
Why to insure export goods?
Why, best attention while preparing Export Invoice?
Airline code starting prefix with