Section 49
Section 49 of the Delhi Goods and Services Tax Act, 2017. 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,
(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 Notice to return defaulters. Levy of late fee. Goods and services tax practitioners. Payment of tax, interest, penalty and other amounts. 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 the 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 the 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 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.
Section 49, The Delhi Goods and Services Tax Act, 2017 (Act 3 of 2017).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Made under this section, and citing it
21 instruments name this provision in its title or its text without being made under it.
- Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017(Notification no 19/2022-State tax)Notification 2023
- Notification No. 29/2020-State TaxNotification 2022
- Notification No. 82/2020-State TaxNotification 2022
- No.F.2(317)/POLICY-GST/2020/348-58Notification 2021
- Notification No 29/2019-StateTaxNotification 2021
- Notification No- 75/2019-State TaxNotification 2021
- Notification No-13/2019-State TaxNotification 2021
- Seeks to make the Thirteenth amendment (2020) to the CGST Rules.2017(Notification No. 82/2020-State Tax)Notification 2021
- Seeks to prescribe return in FORM GSTR-3B of CGST Rules, 2017 along with due dates of furnishing the said form for October, 2020 to March, 2021.(Notification No. 76/2020-State Tax)Notification 2021
- Notification No.75/2019-State TaxNotification 2020
- Seeks to carry out changes in the CGST Rules, 2017. (Notification No.75/2019-State Tax)Notification 2020
- Seeks to prescribe return in FORM GSTR-3B of CGST Rules, 2017 along with due dates of furnishing the said form for April, 2020 to September, 2020 (Notification No. 29/2020-State Tax)Notification 2020
- Notification No 13/2019-State Tax: Regarding time limit for filing of Return in Form GSTR3 for the Month of Apr'2019 to June 2019Notification 2019
- Notification No 13/2019-State Tax: Regarding time limit for filing of Return in Form GSTR3 for the Month of Apr'2019 to June 2019Notification 2019
- Return in Form GSTR-3BNotification 2019
- Seeks to amend the DGST Rules, 2017Notification 2019
- seeks to prescribe the due date for the furnishing of return in the form GSTR-3B for the months of October 2019 to March 2020Notification 2019
- Manual filing of applications for Advance Ruling and appeals before Appellate Authority for Advance Ruling - regCircular 2018
- Procedure for interception of conveyances for inspection of goods in movement, and detention, release and confiscation of such goods and conveyances - reg.Circular 2018
- Seeks to prescribe the due dates for filing FORM GSTR-3B for for the months from July, 2018 to March, 2019.Notification 2018
- The return in FORM GSTR-3B for the month as specified in column (2) of the Table shall be furnished electronically through the common portal.Notification 2018
Questions about Section 49
How do I find court cases under Section 49 of the Delhi Goods and Services Tax Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Delhi Goods and Services Tax Act 49, section 49 Delhi Goods and Services Tax Act, section 49 of the Delhi Goods and Services Tax Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 49 of the Delhi Goods and Services Tax Act, and has it changed?
Its own text turns on section 41, section 54, section 73, section 74, so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. 21 instruments name it without being made under it, most recently Seeks to make amendments (Second Amendment, 2022) to the CGST Rules, 2017(Notification no 19/2022-State tax) (2023), then Notification No. 29/2020-State Tax (2022).
When was the Delhi Goods and Services Tax Act enacted?
Delhi Goods and Services Tax Act was enacted in 2017 as Act 3 of 2017. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/a80716b6-b6b8-4a70-9070-1e71422b6495.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/7905c17c-0f89-430e-9228-75eb07a04102/content). This page is not a substitute for legal advice.