Section 12 of the GST (Compensation to States) Act, 2017

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GST›GST (Compensation to States) Act, 2017

Section 12 of the Goods and Services Tax (Compensation to States) Act, 2017 is headed “Power to make rules”.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 12, verbatim (show)

Section 12. Power to make rules.

(1)The Central Government shall, on the recommendations of the Council, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the conditions which were included in the total base year revenue of the States, referred to in sub-clause (g) of clause (4) of article 279A of the Constitution, under sub-section (3) of section 5;

(b) the conditions subject to which any part of revenues not credited in the Consolidated Fund of the respective State shall be included in the total base year revenue of the State, under sub-section (6) of section5;

(c) the manner of refund of compensation by the States to the Central Government under sub-section (6) of section 7;

(d) the manner of levy and collection of cess and the period of its imposition under sub-section (1) of section 8;

(e) the manner and forms for payment of cess , furnishing of returns and refund of cess under sub-section (1) of section 9; and (f) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Rule-making authority 12(1)

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Specific prescription industrial 12(2)(a)

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Specific prescription outside 12(2)(b)

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Specific prescription refund 12(2)(c)

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Specific prescription levy 12(2)(d)

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Specific prescription returns 12(2)(e)

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Specific prescription other 12(2)(f)

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Section 9 payment prescription 12(2)(e)

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Section 9 return prescription 12(2)(e)

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Section 9 refund prescription 12(2)(e)

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Section 8 imposition period prescription 12(2)(d)

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Provisions connected to Section 12
ProvisionConnectionWords that tie them
Section 5this provision requires Section 5section 5
Section 7this provision requires Section 7section 7
Section 8this provision requires Section 8section 8
Section 9this provision requires Section 9section 9

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Notifications (2)

NumberDateSubject
Notification No. 01/2022-Compensation Cess24 June 2022Seeks to bring into force the Goods and Services Tax (Period of Levy and Collection of Cess) Rules, 2022 made under this section
Notification No. 21/2018-Central Tax18 April 2018Notification seeks to make amendments (Fourth Amendment) to the CGST Rules, 2017.

Unsettled questions

The words of section 12 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What legal standard establishes that this delegated rule carries out the receiving Act rather than changing it?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 12. Power to make rules". Goods and Services Tax (Compensation to States) Act, 2017, CBIC tax information portal. Retrieved 17 September 2026.

External links