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GST paid under one Head can be adjusted under another head: HC
Case Law Details
- Case Name
- Saji S. Vs. Commissioner, State GST Department (Kerala High Court at Ernakulam)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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Saji S. Vs. Commissioner, State GST Department (Kerala High Court at Ernakulam)
The petitioner, who is the consignee and transporter, insists that the consignor paid the tax and penalty under that only based on the ASTO’s directions. But the fact remains that the remittance must have been under the head ‘IGST’. So the authorities have refused to release the goods. Aggrieved, the petitioner has filed this writ petition.
Section 77 provides for the refund of the tax paid mistakenly under one head instead of another. But Rule 4 speaks of adjustment. Where the am...






