Section 20:
Miscellaneous transitional provisions.
(1) Where any goods on which tax, if any, had been
paid under the existing law at the time of sale thereof, not being earlier than six months prior to the
appointed day, are returned to any place of business on or after the appointed day, the registered person shall
be eligible for refund of the tax paid under the existing law where such goods are returned
by a person, other than a registered person, to the said place of business within a period of six months
from the appointed day and such goods are identifiable to the satisfaction of the proper officer:
Provided that if the said goods are returned by a registered person, the return of such goods shall be
deemed to be a supply.
(2) (a) Where, in pursuance of a contract entered into prior to the appointed day, the price of any goods
is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue
to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed,
within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or
debit note shall be deemed to have been issued in respect of an outward supply made under this Act.
(b) Where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is
revised downwards on or after the appointed day, the registered person who had sold such goods may
issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of
such price revision and for the purposes of this Act such credit note shall be deemed to have been issued
in respect of an outward supply made under this Act:
Provided that the registered person shall be allowed to reduce his tax liability on account of issue of
the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to
such reduction of tax liability.
(3) Every claim for refund filed by any person before, on or after the appointed day, for refund of any
amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed
of in accordance with the provisions of existing law and any amount eventually accruing to him shall be
refunded to him in cash in accordance with the provisions of the said law:
Provided that where any claim for refund of the amount of input tax credit is fully or partially
rejected, the amount so rejected shall lapse:
Provided further that no refund shall be allowed of any amount of input tax credit where the balance
of the said amount as on the appointed day has been carried forward under this Act.
(4) Every claim for refund filed after the appointed day for refund of any tax paid under the existing
law in respect of the goods exported before or after the appointed day shall be disposed of in accordance
with the provisions of the existing law:
Provided that where any for refund of input tax credit is fully or partially rejected, the amount so
rejected shall lapse:
Provided further that no refund shall be allowed of any amount of input tax credit where the balance
of the said amount as on the appointed day has been carried forward under this Act.
(5) (a) Every proceeding of appeal, revision, review or reference relating to a claim for input tax
credit initiated whether before, on or after the appointed day, under the existing law shall be disposed of
in accordance with the provisions of the existing law, and any amount of credit found to be admissible to
the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the
amount rejected, if any, shall not be admissible as input tax credit under this Act:
Provided that no refund shall be allowed of any amount of input tax credit where the balance of the said
amount as on the appointed day has been carried forward under this Act.
(b) Every proceeding of appeal, revision, review or reference relating to recovery of input tax credit
initiated whether before, on or after the appointed day, under the existing law shall be disposed of in
accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a
result of such appeal, revision, review or reference, the same shall, unless recovered under the existing
law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible
as input tax credit under this Act.
(6) (a) Every proceeding of appeal, revision, review or reference relating to any output tax liability
initiated whether before, on or after the appointed day under the existing law, shall be disposed of in
accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such
appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as
an arrear of tax under this Act and amount so recovered shall not be admissible as input tax credit under this
Act.
(b) Every proceeding of appeal, revision, review or reference relating to any output tax liability initiated
whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with
the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to
him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be
admissible as input tax credit under this Act.
(7) (a) Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on
or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes
recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an
arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under
this Act.
(b) Where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or
after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes
refundable to the taxable person, the same shall be refunded to him in cash under the said law and the
amount rejected, if any, shall not be admissible as input tax credit under this Act.
(8) (a) Where any return, furnished under the existing law, is revised after the appointed day and if,
pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to
be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under
this Act and the amount so recovered shall not be admissible as input tax credit under this Act.
(b) Where any return, furnished under the existing law, is revised after the appointed day but within
the time limit specified for such revision under the existing law and if, pursuant to such revision, any
amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the
same shall be refunded to him in cash under the existing law and the amount rejected, if any, shall not be
admissible as input tax credit under this Act.
(9) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the
appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax
under the provisions of this Act.
(10) (a) Notwithstanding anything contained in section 12 of the Central Goods and Services Tax
Act, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods
under the existing law.
(b) Notwithstanding anything contained in section 13 of the Central Goods and Services Tax Act, no
tax shall be payable on services under this Act to the extent the tax was leviable on the said services under
Chapter V of the Finance Act, 1994 (32 of 1994).
(c) Where tax was paid on any supply, both under any existing law relating to sale of goods and under
Chapter V of the Finance Act, 1994 (32 of 1994), tax shall be leviable under this Act and the taxable
person shall be entitled to take credit of value added tax or service tax paid under the existing law to the
extent of supplies made after the appointed day and such credit shall be calculated in such manner as may
be prescribed.
(11) Where any goods sent on approval basis, not earlier than six months before the appointed day,
are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax
shall be payable thereon if such goods are returned within six months from the appointed day:
Provided that the said period of six months may, on sufficient cause being shown, be extended by the
Commissioner for a further period not exceeding two months:
Provided further that the tax shall be payable by the person returning the goods if such goods are
liable to tax under this Act and are returned after the period specified in this sub-section:
Provided also that tax shall be payable by the person who has sent the goods on approval basis if such
goods are liable to tax under this Act, and are not returned within the period specified in this sub-section.
(12) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at
source under any existing law relating to sale of goods and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 of the Central Goods and Services Tax Act, as
made applicable to this Act, shall be made by the deductor under the said section where payment to the said
supplier is made on or after the appointed day.
Explanation.--For the purposes of this Chapter, the expression capital goods shall have the same
meaning as assigned to it in any existing law relating to sale of goods.
Notes: