49. Payment of tax, interest, penalty and other amounts.—(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.
1. Ins. by Act 8 of 2023, s. 144 (w.e.f. 1-10-2023).
2. The words “or inward” omitted by Act 6 of 2022, s. 108 (w.e.f. 1-10-2022).
3. The words and figures “or section 38” omitted by s. 108, ibid. (w.e.f. 1-10-2022).
4. Ins. by s. 108, ibid. (w.e.f. 1-10-2022).
5. The words and figures “the details of inward supplies under section 38” omitted by s. 109, ibid. (w.e.f. 1-10-2022).
6. Ins. by Act 31 of 2018, s. 19 (w.e.f. 1-2-2019).
48
(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 1
[section 41 2***] 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 3
[and restrictions] 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;
4
[Provided that the input tax credit on account of State tax shall be utilised towards payment of
integrated tax only where the balance of the input tax credit on account of central tax is not available
for 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;
4
[Provided that the input tax credit on account of Union territory tax shall be utilised towards
payment of integrated tax only where the balance of the input tax credit on account of central tax is
not available for 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.
1. Subs. by Act 31 of 2018, s. 20, for “section 41” (w.e.f. 1-2-2019).
2. The words, figures and letter “or section 43A” omitted by Act 6 of 2022, s. 110 (w.e.f. 1-10-2022).
3. Ins. by Act 6 of 2022, s. 110 (w.e.f. 1-10-2022).
4. The Proviso ins. by Act 31 of 2018, s. 20 (w.e.f. 1-2-2019).
49
(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 section 74.
(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.
1
[
2
[ (10) A registered person may, on the common portal, transfer any amount of tax, interest, penalty,
fee or any other amount available in the electronic cash ledger under this Act, to the electronic cash ledger
for,––
(a) integrated tax, central tax, State tax, Union territory tax or cess; or
(b) integrated tax or central tax of a distinct person as specified in sub-section (4) or, as the case
may be, sub-section (5) of section 25,
in such form and manner and subject to such conditions and restrictions as may be prescribed and such
transfer shall be deemed to be a refund from the electronic cash ledger under this Act:
Provided that no such transfer under clause (b) shall be allowed if the said registered person has
any unpaid liability in his electronic liability register.]
(11) Where any amount has been transferred to the electronic cash ledger under this Act, the same
shall be deemed to be deposited in the said ledger as provided in sub-section (1).]
3
[(12) Notwithstanding anything contained in this Act, the Government may, on the recommendations
of the Council, subject to such conditions and restrictions, specify such maximum proportion of output
tax liability under this Act or under the Integrated Goods and Services Tax Act, 2017 (13 of 2017) which
may be discharged through the electronic credit ledger by a registered person or a class of registered
persons, as may be prescribed.]
1. Ins. by Act 23 of 2019, s. 99 (w.e.f. 1-1-2020).
2. Subs. by Act 6 of 2022, s. 110, for sub-section 10 (w.e.f. 5-7-2022).
3. Ins. by s. 110, ibid. (w.e.f. 5-7-2022).
50
1
[49A. Utilisation of input tax credit subject to certain conditions.—Notwithstanding anything
contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be
utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only
after the input tax credit available on account of integrated tax has first been utilised fully towards such
payment.
49B. Order of utilisation of input tax credit.—Notwithstanding anything contained in this Chapter and
subject to the provisions of clause (e) and clause (f) of sub-section (5) of section 49, the Government may, on
the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on
account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment of
any such tax.]
50. Interest on delayed payment of tax.—(1) Every person who is liable to pay tax in accordance with
the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the
Government within the period prescribed, shall for the period for which the tax or any part thereof remains
unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the
Government on the recommendations of the Council.
2
[Provided that the interest on tax payable in respect of supplies made during a tax period and declared in
the return for the said period furnished after the due date in accordance with the provisions of section 39,
except where such return is furnished after commencement of any proceedings under section 73 or section 74
in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic
cash ledger.]
(2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from
the day succeeding the day on which such tax was due to be paid.
3
[(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay
interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four
per cent. as may be notified by the Government, on the recommendations of the Council, and the interest
shall be calculated, in such manner as may be prescribed.]
51. Tax deduction at source.—(1) Notwithstanding anything to the contrary contained in this Act,
the Government may mandate,––
(a) a department or establishment of the Central Government or State Government; or
(b) local authority; or
(c) Governmental agencies; or
(d) such persons or category of persons as may be notified by the Government on the
recommendations of the Council,
(hereafter in this section referred to as “the deductor”), to deduct tax at the rate of one per cent. from the
payment made or credited to the supplier (hereafter in this section referred to as “the deductee”) of
taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh
and fifty thousand rupees:
1. Ins. by Act 31 of 2018, s. 21 (w.e.f. 1-2-2019).
2. Subs. by Act 13 of 2021, s. 112, for the proviso (w.e.f. 1-6-2021), vide Notification S.O. 2129 (E) dated 1-6-2021.
3. Subs. by Act 6 of 2022, s. 111, for sub-section (3) (w.e.f. 1-7-2017).
51
Provided that no deduction shall be made if the location of the supplier and the place of supply is in a
State or Union territory which is different from the State or as the case may be, Union territory of
registration of the recipient.
Explanation.––For the purpose of deduction of tax specified above, the value of supply shall be taken
as the amount excluding the central tax, State tax, Union territory tax, integrated tax and cess indicated in
the invoice.
(2) The amount deducted as tax under this section shall be paid to the Government by the deductor
within ten days after the end of the month in which such deduction is made, in such manner as may be
prescribed.
1
[(3) A certificate of tax deduction at source shall be issued in such form and in such manner as may
be prescribed.]
2* * * * *
(5) The deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in
the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be
prescribed.
(6) If any deductor fails to pay to the Government the amount deducted as tax under sub-section (1),
he shall pay interest in accordance with the provisions of sub-section (1) of section 50, in addition to the
amount of tax deducted.
(7) The determination of the amount in default under this section shall be made in the manner
specified in section 73 or section 74.
(8) The refund to the deductor or the deductee arising on account of excess or erroneous deduction
shall be dealt with in accordance with the provisions of section 54:
Provided that no refund to the deductor shall be granted, if the amount deducted has been credited to
the electronic cash ledger of the deductee.
52. Collection of tax at source.—(1) Notwithstanding anything to the contrary contained in this Act,
every electronic commerce operator (hereafter in this section referred to as the “operator”), not being an
agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by
the Government on the recommendations of the Council, of the net value of taxable supplies made
through it by other suppliers where the consideration with respect to such supplies is to be collected by
the operator.
Explanation.––For the purposes of this sub-section, the expression “net value of taxable supplies”
shall mean the aggregate value of taxable supplies of goods or services or both, other than services
notified under sub-section (5) of section 9, made during any month by all registered persons through the
operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said
month.
(2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any
other mode of recovery from the operator.
(3) The amount collected under sub-section (1) shall be paid to the Government by the operator
within ten days after the end of the month in which such collection is made, in such manner as may be
prescribed.
(4) Every operator who collects the amount specified in sub-section (1) shall furnish a statement,
electronically, containing the details of outward supplies of goods or services or both effected through it,
including the supplies of goods or services or both returned through it, and the amount collected under
1. Subs. by Act 12 of 2020, s. 124, for sub-section (3) (w.e.f. 1-1-2021).
2. Sub-section (4) omitted by s. 124, ibid. (w.e.f. 1-1-2021).
52
sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the
end of such month.
1
[Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend
the time limit for furnishing the statement for such class of registered persons as may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of State tax or the
Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.]
(5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual
statement, electronically, containing the details of outward supplies of goods or services or both effected
through it, including the supplies of goods or services or both returned through it, and the amount
collected under the said sub-section during the financial year, in such form and manner as may be
prescribed, before the thirty first day of December following the end of such financial year.
1
[Provided that the Commissioner may, on the recommendations of the Council and for reasons to be
recorded in writing, by notification, extend the time limit for furnishing the annual statement for such
class of registered persons as may be specified therein:
Provided further that any extension of time limit notified by the Commissioner of State tax or the
Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.]
(6) If any operator after furnishing a statement under sub-section (4) discovers any omission or
incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by
the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished
for the month during which such omission or incorrect particulars are noticed, subject to payment of
interest, as specified in sub-section (1) of section 50:
Provided that no such rectification of any omission or incorrect particulars shall be allowed after the
2
[thirtieth day of November] following the end of the financial year or the actual date of furnishing of the
relevant annual statement, whichever is earlier.
(7) The supplier who has supplied the goods or services or both through the operator shall claim
credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator
furnished under sub-section (4), in such manner as may be prescribed.
(8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the
corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such
manner and within such time as may be prescribed.
(9) Where the details of outward supplies furnished by the operator under sub-section (4) do not
match with the corresponding details furnished by the supplier under 3
[section 37 or section 39], the
discrepancy shall be communicated to both persons in such manner and within such time as may be
prescribed.
(10) The amount in respect of which any discrepancy is communicated under sub-section (9) and
which is not rectified by the supplier in his valid return or the operator in his statement for the month in
which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where
the value of outward supplies furnished by the operator is more than the value of outward supplies
furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is
communicated in such manner as may be prescribed.
(11) The concerned supplier, in whose output tax liability any amount has been added under
sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate
specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till
the date of its payment.
1. Ins. by Act 23 of 2019, s. 101 (w.e.f. 1-1-2020).
2. Subs. by Act 6 of 2022, s. 112, for “due date for furnishing of statement for the month of September” (w.e.f. 1-10-2022).
3. Subs. by Act 31 of 2018, s. 22, for “section 37” (w.e.f. 1-2-2019).
53
(12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or
during the course of any proceedings under this Act, requiring the operator to furnish such details relating
to—
(a) supplies of goods or services or both effected through such operator during any period; or
(b) stock of goods held by the suppliers making supplies through such operator in the godowns or
warehouses, by whatever name called, managed by such operator and declared as additional places of
business by such suppliers,
as may be specified in the notice.
(13) Every operator on whom a notice has been served under sub-section (12) shall furnish the
required information within fifteen working days of the date of service of such notice.
(14) Any person who fails to furnish the information required by the notice served under
sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a
penalty which may extend to twenty-five thousand rupees.
Explanation.—For the purposes of this section, the expression “concerned supplier” shall mean the
supplier of goods or services or both making supplies through the operator.
1
[(15) The operator shall not be allowed to furnish a statement under sub-section (4) after the expiry
of a period of three years from the due date of furnishing the said statement:
Provided that the Government may, on the recommendations of the Council, by notification, subject
to such conditions and restrictions as may be specified therein, allow an operator or a class of operators to
furnish a statement under sub-section (4), even after the expiry of the said period of three years from the
due date of furnishing the said statement.]
53. Transfer of input tax credit.—On utilisation of input tax credit availed under this Act for
payment of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions
of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1) of
section 39, the amount collected as central tax shall stand reduced by an amount equal to such credit so
utilised and the Central Government shall transfer an amount equal to the amount so reduced from the
central tax account to the integrated tax account in such manner and within such time as may be
prescribed.
2
[53A. Transfer of certain amounts.—Where any amount has been transferred from the electronic
cash ledger under this Act to the electronic cash ledger under the State Goods and Services Tax Act or the
Union territory Goods and Services Tax Act, the Government shall, transfer to the State tax account or the
Union territory tax account, an amount equal to the amount transferred from the electronic cash ledger, in
such manner and within such time as may be prescribed.]