Sec 49 of CGST Act,2017 -Payment of tax, interest, penalty and other amounts

Sec 49 of CGST Act,2017 -Payment of tax, interest, penalty and other amounts

Sec 49 of CGST Act,2017 -Payment of tax, interest, penalty and other amounts Section 49 of CGST Act,2017 from bare act : - (1) Every deposit

authorAnkita KhetandateOct 28, 2017
Last update on Oct 28, 2017
Sec 49 of CGST Act,2017 -Payment of tax, interest, penalty and other amounts Section 49 of CGST Act,2017 from bare act : - (1) Every deposit made towards tax, interest, penalty, fee or any other amount by aperson by internet banking or by using credit or debit cards or National Electronic FundTransfer or Real Time Gross Settlement or by such other mode and subject to such conditionsand restrictions as may be prescribed, shall be credited to the electronic cash ledger of suchperson to be maintained in such manner as may be prescribed. (2) The input tax credit as self-assessed in the return of a registered person shall becredited to his electronic credit ledger, in accordance with section 41, to be maintained insuch manner as may be prescribed. (3) The amount available in the electronic cash ledger may be used for making anypayment towards tax, interest, penalty, fees or any other amount payable under the provisionsof this Act or the rules made thereunder in such manner and subject to such conditions andwithin such time as may be prescribed. (4) The amount available in the electronic credit ledger may be used for making anypayment towards output tax under this Act or under the Integrated Goods and Services TaxAct in such manner and subject to such conditions and within such time as may be prescribed. (5) The amount of input tax credit available in the electronic credit ledger of the registeredperson on account of

(a) integrated tax shall first be utilised towards payment of integrated tax and theamount remaining, if any, may be utilised towards the payment of central tax and Statetax, or as the case may be, Union territory tax, in that order;

(b) the central tax shall first be utilised towards payment of central tax and theamount remaining, if any, may be utilised towards the payment of integrated tax;

(c) the State tax shall first be utilised towards payment of State tax and theamount remaining, if any, may be utilised towards payment of integrated tax;

(d) the Union territory tax shall first be utilised towards payment of Union territorytax and the amount remaining, if any, may be utilised towards payment of integrated tax;

(e) the central tax shall not be utilised towards payment of State tax or Unionterritory tax; and

(f) the State tax or Union territory tax shall not be utilised towards payment ofcentral tax.

(6) The balance in the electronic cash ledger or electronic credit ledger after paymentof tax, interest, penalty, fee or any other amount payable under this Act or the rules madethereunder may be refunded in accordance with the provisions of section 54. (7) All liabilities of a taxable person under this Act shall be recorded and maintained inan electronic liability register in such manner as may be prescribed. (8) Every taxable person shall discharge his tax and other dues under this Act or therules made thereunder in the following order, namely:

(a) self-assessed tax, and other dues related to returns of previous tax periods;

(b) self-assessed tax, and other dues related to the return of the current tax period;

(c) any other amount payable under this Act or the rules made thereunder includingthe demand determined under section 73 or section 74.

(9) Every person who has paid the tax on goods or services or both under this Actshall, unless the contrary is proved by him, be deemed to have passed on the full incidenceof such tax to the recipient of such goods or services or both. Explanation.For the purposes of this section,

(a) the date of credit to the account of the Government in the authorised bankshall be deemed to be the date of deposit in the electronic cash ledger;

(b) the expression,

(i) tax dues means the tax payable under this Act and does not includeinterest, fee and penalty; and

(ii) other dues means interest, penalty, fee or any other amount payableunder this Act or the rules made thereunder.


CHAPTER X

PAYMENT OF TAX

Chapter X of the CGST Act,2017 covers five sections relating to PAYMENT OF TAXunder GST. All thesesections from the CGST Act,2017 are available for your ready reference. Section 49 :Payment oftax, interest,penalty andotheramounts Section 50 :Interest ondelayedpayment oftax Section 51 :Tax deductionat source Section 52 :Collection oftax at source Section 53 :Transfer ofinput taxcredit

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