TMI Blog2021 (11) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... or as a result of any adjudication, appellate or any other proceeding or whether the refund under the said sections is also available when the inter-State or intra-State supply made by a taxpayer, is subsequently found by taxpayer himself as intra-State and inter-State respectively. It is clarified that the term subsequently held in section 77 of CGST Act, 2017 or under section 19 of IGST Act, 2017 covers both the cases where the inter-State or intra-State supply made by a taxpayer, is either subsequently found by taxpayer himself as intra-State or interState 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 pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m April 2018 to December 2018) in excess of the tax due under Section 77 of the Central Goods and Services Tax Act, 2017 (For short 'the CGST Act') has been declined. 2. Brief facts of the case are that the petitioner is a joint venture with State Bank of India (hereinafter referred to as 'SBI') wherein SBI holds 69.39% shares. SBI is a nationalized Bank and one of the largest Public Sector undertakings in India. The petitioner is engaged in the business of issuing credit cards to its customers (cardholder) and is duly registered with the Reserve Bank of India under Section 451 A of the Reserve Bank of India, Act 1934 as a non-deposit taking and non-banking financial company. 3. The petitioner (like many other banks) i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Goods and Services Tax (CGST) and State Goods and Services Tax (SGST) of about ₹ 108 crores approximately considering the transactions to be intra-state sales. The supply was reported under GSTR 1 and 3 B as a Business to Customer (B2C) supply as GST registration number of the acquiring banks were not known. 5. It is further the case of the petitioner, that the Card Association provides a monthly report for transactions with each Acquiring Bank, however, the report did not contain GSTIN, place of registration and other details. The monthly report is stated not to have matched the Daily Settlement Report and hence as was being done in the pre-GST regime the petitioner paid the tax on the basis of details received in the Daily Settl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 77 of the CGST Act, 2017 reads as follows : 77. Tax wrongfully collected and paid to Central Government or State Government. - (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supply made by a taxpayer, is subsequently found by taxpayer himself as intra-State and inter-State respectively. 3.2 In this regard, it is clarified that the term subsequently held in section 77 of CGST Act, 2017 or under section 19 of IGST Act, 2017 covers both the cases where the inter-State or intra-State supply made by a taxpayer, is either subsequently found by taxpayer himself as intra-State or interState 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. Accordingly, refund claim under the said sections can be claimed by the taxpayer in both the above mentioned situations, provided the taxpay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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