IGST Section 6A: Power to Not Recover GST not/short levied due to general practice

Provisions under Section 6A of the IGST Act, 2017 relating to “Power not to recover GST not/short levied due to general practice”:

Section 6A: Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice (CHAPTER III: LEVY AND COLLECTION OF TAX) [*1]

Notwithstanding anything contained in this Act, if the Government is satisfied that, –

(a) a practice was, or is, generally prevalent regarding levy of integrated tax (including non-levy thereof) on any supply of goods or services or both; and

(b) such supplies were, or are, liable to,-

(i) integrated tax, in cases where according to the said practice, integrated tax was not, or is not being, levied; or

(ii) a higher amount of integrated tax than what was, or is being, levied, in accordance with the said practice,

the Government may, on the recommendation of the Council, by notification in the Official Gazette, direct that the whole of the integrated tax payable on such supplies, or, as the case may be, the integrated tax in excess of that payable on such supplies, but for the said practice, shall not be required to be paid in respect of the supplies on which the integrated tax was not, or is not being, levied, or was, or is being, short-levied, in accordance with the said practice.

Notes (History of Amendments in Bare Text):

1. IGST Act 2017 notified vide GOI Notification dated 12/04/2017. Section 6A inserted vide Section 152 of the Finance Act (No. 2) 2024, followed with Notification 17/2024 on commencement date of 01/11/2024.