Sections 40-47 of the Central Goods and Services Tax Act, 2017

  • Advait Thatikonda and Aamir Shejeed
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  • Advait Thatikonda

    Student at National University of Advanced Legal Studies, Kochi, India

  • Aamir Shejeed

    Student at National University of Advanced Legal Studies, Kochi, India

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Abstract

The Central Goods and Services Tax (CGST) Act, 2017 was enacted by the Indian government to regulate the taxation of goods and services under the Goods and Services Tax (GST) regime in India. The CGST Act provides the legal framework for the imposition and collection of the Central Goods and Services Tax, which is a tax levied by the Central government on the intra-state supply of goods and services. The Act also lays down the rules for availing input tax credit and the procedures for furnishing of outward supplies, inward supplies, and returns. Sections 40, 41, and 42 of the CGST Act are crucial in facilitating the returns and refund process. Section 40 deals with the first return and the issuance of refund in cases of excess payment of tax, while Section 41 deals with the recovery of tax not levied or short-levied or erroneously refunded. Section 42 deals with matching, reversal, and reclaim of input tax credit, ensuring that the credit taken by the recipient matches the details of the supplier. The CGST Act plays a significant role in regulating the tax system in India, and it is essential for taxpayers to comply with its provisions.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2279 - 2285

DOI: https://doij.org/10.10000/IJLMH.114264

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