Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeGSTIGST Credit Mistakenly Claimed As CGST, SGST: GSTAT Quashes Demand Order, Directs...

IGST Credit Mistakenly Claimed As CGST, SGST: GSTAT Quashes Demand Order, Directs Fresh Review

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Goods and Services Tax Appellate Tribunal (GSTAT), Kolkata Bench, has set aside an appellate order requiring a taxpayer to reverse input tax credit (ITC) inadvertently claimed and utilised under CGST and SGST instead of IGST, along with interest and penalty and directed fresh consideration in light of Kerala High Court judgments addressing similar errors.

The bench of Satya Gopal Chattopadhyay (Judicial Member) and Anindya Mitra (Technical Member) directed the First Appellate Authority to complete the reconsideration within three months from communication of the order, after providing the taxpayer a reasonable opportunity of hearing.

Buy Now: 210+ GST Judgments E-Magazine – October 2026

The appellant/assessee is the Kolkata-based chemical trader and the dispute was related to financial year 2017–18, the first year of the GST regime. The taxpayer explained that it had mistakenly availed and utilised approximately ₹1,43,404 each under CGST and SGST instead of IGST. It maintained that the aggregate credit claimed across the tax heads did not exceed the tax paid and declared by its suppliers.

A show cause notice dated February 28, 2023, was issued under Section 73(1) of the CGST Act. The adjudicating authority subsequently confirmed demands through an order dated May 29, 2023.

The adjudicating authority took the position that it had no authority to adjust ITC from one tax head to another. Consequently, it required reversal of the credit treated as excess under CGST and SGST, together with interest. Its order also addressed other proposed ITC reversals for which it recorded that adequate explanations or reconciliation had not been produced.

The taxpayer challenged the adjudication order under Section 107(1).

By an order dated August 25, 2023, the First Appellate Authority modified the demand but maintained that ITC claimed under CGST and SGST instead of IGST could not be adjusted between the heads.

Its computation retained ₹1,43,403.74 each under CGST and WBGST towards excess ITC on inward B2B supplies. It also retained a further ₹4,176 under each head, treating that credit as reversible under Section 16(4).

The resulting tax demand was rounded to ₹1,47,580 under each head. The appellate order also imposed penalty of ₹14,758 under each head and interest.

Aggrieved, the taxpayer approached the GSTAT under Section 112(1).

The taxpayer submitted that the mistake occurred during the initial year of GST implementation. It argued that GSTR-2A became available only towards the end of 2018 and that it therefore lacked an opportunity to detect the error through that statement at the relevant time.

The taxpayer maintained that the error was inadvertent and technical and that claiming and utilising credit under CGST and SGST instead of eligible IGST credit caused no revenue loss.

It relied on Kalleppuram Metals, reported in 2024 SCC OnLine Ker 7751, and Rejimon Padickapparambil Alex v. Union of India, reported in 2024 KHC OnLine 7215.

The department opposed the appeal, contending that the CGST Act contained no provision permitting the relief sought.

The tribunal examined the Kerala High Court judgments concerning eligible IGST credit mistakenly reported under CGST and SGST.

As discussed in the order, the High Court had viewed the electronic credit ledger as a pool of funds with separate compartments for IGST, CGST and SGST. In the circumstances before it, the overall eligible credit position had to be considered when assessing the consequences of the reporting error.

The tribunal noted that Kalleppuram Metals treated the claim of eligible credit under CGST and SGST instead of IGST as a technical mistake, without wrongful availment or utilisation causing revenue loss.

It also referred to Rejimon Padickapparambil Alex, where the taxpayer had inadvertently shown the IGST component as nil in GSTR-3B and split the amount between CGST and SGST.

In that case, the High Court held that proceedings under Section 73 were unfounded on the facts because there was no wrongful availment of credit and the mistake was inadvertent and technical.

The GSTAT concluded that these judgments squarely applied to the appeal before it.

The tribunal separately considered the direction to reverse ₹4,176 each under CGST and SGST for breach of Section 16(4).

It held that this dispute stood resolved following the insertion of the overriding provision in Section 16(5). Accordingly, the taxpayer was absolved of liability to reverse those amounts.

After deciding that issue, the tribunal identified the remaining question as whether the approximately ₹1,43,404 claimed under each of CGST and SGST instead of IGST required reversal with interest and penalty.

The tribunal set aside the First Appellate Authority’s order and remanded the matter for fresh consideration in light of the two Kerala High Court judgments.

Membership Required to Access Case Details & Order Copy

To view the complete Case Details and Download Order Copy, you must have an active membership. Please subscribe to continue.

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Read More: SEZ Units Can Claim Refund Of Unutilised ISD Credit: GSTAT Dismisses 8 Dept. Appeals

Nikhil Bhandari
Nikhil Bhandari
Nikhil Bhandari is a Chartered Accountant and a Indirect Tax professional with over 5 years of post-qualification experience in tax advisory, compliance management, and tax process optimization. Associated with SDU LLP since August 2015 spanning his articleship through to his current role as Manager Nikhil has uniquely navigated India’s transition from the legacy tax regime into the GST era.His expertise encompasses both strategic advisory and Indirect Tax litigation, where he represents clients in complex disputes across the manufacturing, service, and e-commerce sectors. By providing high-level counsel to corporate leadership, he ensures that tax positions are not only robust and compliant but also structured for long-term operational efficiency.Beyond his core practice, Nikhil is a proactive contributor to the GST ecosystem. He is dedicated to tracking and analyzing judicial precedents from various High Courts and the Supreme Court, fostering greater clarity and ease of access to tax intelligence for the wider professional community.

Latest articles

SEZ Units Can Claim Refund Of Unutilised ISD Credit: GSTAT Dismisses 8 Dept. Appeals

The Goods and Services Tax Appellate Tribunal (GSTAT), State Bench at Rajkot, has held...

Chuna Used In Paan Attracts 5% GST, Not 18% As Food Preparation: GSTAT

The Goods and Services Tax Appellate Tribunal (GSTAT), State Bench at Rajkot, has held...

Invoices, E-Way Bills Alone Can’t Establish Genuine Supplies: MP High Court 

The Madhya Pradesh High Court has dismissed a writ petition challenging the blocking of...

Mere Non-Payment Of GST Doesn’t Prove Tax Evasion: Rajasthan High Court Quashes S. 74 Notice Against JDA

The Rajasthan High Court has held that mere failure to disclose or pay GST...

More like this

SEZ Units Can Claim Refund Of Unutilised ISD Credit: GSTAT Dismisses 8 Dept. Appeals

The Goods and Services Tax Appellate Tribunal (GSTAT), State Bench at Rajkot, has held...

Chuna Used In Paan Attracts 5% GST, Not 18% As Food Preparation: GSTAT

The Goods and Services Tax Appellate Tribunal (GSTAT), State Bench at Rajkot, has held...

Invoices, E-Way Bills Alone Can’t Establish Genuine Supplies: MP High Court 

The Madhya Pradesh High Court has dismissed a writ petition challenging the blocking of...