Section 49 CGST Act 2017 – Payment of tax, interest, penalty and other amounts.

By | April 17, 2017
Print Friendly, PDF & Email
(Last Updated On: April 14, 2018)

Section 49 CGST Act 2017

[ Section 49 CGST Act 2017 Notified w.e.f 01.07.2017 vide Notification No. 9/2017 – Central Tax Dated 28th June, 2017 ]

Section 49 CGST Act 2017 explains Payment of tax, interest, penalty and other amounts and is covered in Chapter X – Payment of Tax

[Note : CGST Act 2017 also known as CENTRAL GOODS AND SERVICES TAX ACT, 2017 assented by the President of India on 12-4-2017 -An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government and the matters connected therewith or incidental thereto. ]

[ Refer Note 1 and 2]

Payment of tax, interest, penalty and other amounts.

49. (1) Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person 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 be credited to his electronic credit ledger, in accordance with section 41, to be maintained in such manner as may be prescribed.

(3) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this Act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed.

(4) The amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under the Integrated Goods and Services Tax Act 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 registered person on account of—

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

(d) the Union territory tax shall first be utilised towards payment of Union territory tax 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 Union territory tax; and

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

(6) The balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this Act or the rules made thereunder 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 in an 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 the rules 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 including the demand determined under section 73  or section74 ;

(9) Every person who has paid the tax on goods or services or both under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of 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 bank shall 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 include interest, fee and penalty; and
(ii) “other dues” means interest, penalty, fee or any other amount payable under this Act or the rules made thereunder.


Note

2. clarifying the procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances. vide Circular No 41/15/2018 GST dated New Delhi, Dated the 13th April, 2018 

1  Manual filing of applications for Advance Ruling and appeals before Appellate Authority for Advance Ruling vide Circular No 25/25/2017 GST dated 21st December, 2017


If you have any comments about Section 49 of CGST Act 2017 , share below your thoughts:

Related Book on GST Act

Section 49 CGST Act 2017

Direct Taxes Ready Reckoner
Service Tax Ready Reckoner
Company Law Ready Reckoner
tax deduction at source

24 thoughts on “Section 49 CGST Act 2017 – Payment of tax, interest, penalty and other amounts.

  1. Pingback: CGST Act 2017 - Chapter Wise and Section Wise - Tax Heal

  2. Pingback: Section 16 CGST Act 2017 - Eligibility and condition for taking input tax credit. - Tax Heal

  3. Pingback: Draft GST Refund Rules Released on 31.03.2017 by CBEC - Tax Heal

  4. Pingback: Draft GST Payment of Tax Rules - Released on 31.03.2017 by CBEC - Tax Heal

  5. Pingback: Draft GST Returns Rules - March 2017 Released by CBEC - Tax Heal

  6. Pingback: Section 2 CGST Act 2017 - Definitions - Tax Heal

  7. Pingback: Section 53 CGST Act 2017 - Transfer of input tax credit. - Tax Heal

  8. Pingback: Section 54 CGST Act 2017 - Refund of tax. - Tax Heal

  9. Pingback: GST Refunds Process in India - Analysis after CGST & IGST Act 2017 - Tax Heal

  10. Pingback: Section 18 IGST Act 2017 - Transfer of input tax credit - Tax Heal

  11. Pingback: Pay Output Tax in cash under reverse charge in GST because GST ITC can't be claimed - Tax Heal

  12. Pingback: Final GST Payment of Tax Rules approved by GST Council - Download

  13. Pingback: Final GST Refund Rules Approved by GST Council 18.05.2017 - Tax Heal

  14. Pingback: whether IGST input can be adjusted against output of IGST/CGST/SGST - Tax Heal

  15. Pingback: Final GST Return Rules approved by GST Council on 03.06.2017 - Download - Print - Tax Heal

  16. Pingback: GST RCM : GST Reverse Charge Mechanism : Analysis - Tax Heal

  17. Pingback: Circular No 7/7/2017 GST : Reconciliation of GSTR 1 & 2 with GSTR 3B - Tax Heal

  18. Pingback: Post GST implementation issues : ICAI suggestions August 2017 - Tax Heal

  19. Pingback: Rule 61 CGST Rules 2017 : Form and manner of submission of monthly return - Tax Heal

  20. Pingback: Notification No 16 /2018  Central Tax : GSTR-3B due dates April to june 2018 - Tax Heal

  21. Pingback: GST Paid short in GSTR 3B : How interest will be calculated - Tax Heal

  22. Pingback:  GST Penalty : Free Study Material - Tax Heal

  23. Pingback: GST Interest Rates : Free Study Material : Notifications wise - Tax Heal

  24. Pingback: New GST ITC Utilization Process : Proposed GST Amendment - Tax Heal

Leave a Reply

Your email address will not be published. Required fields are marked *