Provisions under Section 8A of the UTGST Act, 2017 relating to “Power to not recover GST not/short levied due to general practice”:
Section 8A: 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) [*2]
Notwithstanding anything contained in this Act, if the Government is satisfied that-
(a) a practice was, or is, generally prevalent regarding levy of Union territory tax (including non-levy thereof) on any supply of goods or services or both; and
(b) such supplies were, or are, liable to,-
(i) Union territory tax, in cases where according to the said practice, Union territory tax was not, or is not being, levied; or
(ii) a higher amount of Union territory 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 Union territory tax payable on such supplies, or, as the case may be, the Union territory 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 Union territory tax was not, or is not being, levied, or was, or is being, short-levied, in accordance with the said practice.
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Notes (History of Amendments in Bare Text):
1. UTGST Act 2017 notified vide GOI Notification dated 12/04/2017.
2. Section 8A inserted vide Section 156 of the Finance Act (No. 2) 2024, followed with Notification 17/2024 on commencement date of 01/11/2024.