Section 49A of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter X, Payment of Tax

At a glance

Section 49A requires integrated tax credit available to be utilised fully towards the payment before central, State or Union territory tax credit is used. The condition covers use of those credits towards the stated integrated, central, State or Union territory taxes. It overrides section 49, so the ordinary utilisation provisions must be read with this priority requirement.[1]

The section controls the sequence of credit use under section 49 rather than treating the tax heads independently. Section 49B supplies the linked prescription power for utilisation order. The phrase "such payment" is central to the extent of the priority condition. The separate question about allocation of remaining integrated credit under section 49(5)(a) must be distinguished from that sequencing condition.

The section was inserted by section 21 of the Central Goods and Services Tax (Amendment) Act, 2018, in force from 1 February 2019.

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 49A, verbatim (show)

1[Section 49A. Utilisation of input tax credit subject to certain conditions.-

Notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment.]

1. Inserted by s. 21 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018) -Brought into force w.e.f. 01st February, 2019.

49AIntegrated credit priority

Notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilised towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment.Section 49A

Section 49A overrides section 49 for this priority condition. The law does not settle whether "such payment" means an individual payment or the whole liability being discharged. The law also does not settle from this wording whether the entire integrated-credit remainder under section 49(5)(a) must meet central tax before State or Union territory tax.

Questions to answer on the fileThe credit the section governs2 questions
Ticks stay in this browser only.
Questions to answer on the fileThe payment towards which the credit is utilised3 questions
Ticks stay in this browser only.
Questions to answer on the fileIntegrated tax credit first, and fully5 questions
Ticks stay in this browser only.
Questions to answer on the fileThe override of section 492 questions
Ticks stay in this browser only.

Other 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.

Scope the section as a whole

Questions to answer on the file1 question
Ticks stay in this browser only.

Frequently asked questions

Does section 49 alone govern this priority?

No. Section 49A overrides it by requiring available integrated credit to be used fully towards the payment first.

Section 49A

Does such payment mean one tax head or the whole set-off?

The law does not settle that meaning. The priority condition uses "such payment" without selecting between those readings.

Section 49A

Which credit heads are subject to the priority condition?

Central tax, State tax and Union territory tax credit are subject to it. Their use towards the stated taxes follows integrated credit being fully used towards that payment.

Section 49A

Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 49a as footnoted in the CBIC text
NoteProvisionChangeInstrumentEffective from
1around the whole section, from the heading to the closing wordsinserted the sections. 21 of The Central Goods and Services Tax (Amendment) Act, 2018 (No. 31 of 2018)[2]brought into force w.e.f. 1st February, 2019 — in force
Provisions connected to Section 49A
ProvisionConnectionWords that tie them
Section 49Section 49, and in particular 49(4) and 49(5)(a) to (d) overridden by this provision49A "Notwithstanding anything contained in section 49"
Section 49this provision requires Section 49 49(4)49A "the input tax credit... shall be utilised towards payment", which is the use of the electronic credit ledger that 49(4) permits
Section 49this provision defined by Section 49 49(2)49A "the input tax credit available on account of integrated tax", which stands in the electronic credit ledger credited under 49(2)

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.

Circulars (2)

NumberDateSubject
Circular No. 172/04/2022-GST6 July 2022Clarification on various issue pertaining to GST
Circular No. 98/17/2019-GST23 April 2019Seeks to clarify the manner of utilization of input tax credit post insertion of the rule 88A of the CGST Rules.

Notifications (1)

NumberDateSubject
Notification No. 03/2019-Central Tax29 January 2019Seeks to amend the CGST Rules, 2017.

Unsettled questions

The words of section 49a do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What is "such payment" in this section: the particular payment being discharged, or the whole of the liability being discharged at that time? The section requires the integrated tax credit to be "utilised fully towards such payment" and does not say whether the payment is read one tax at a time or as the whole set-off.
  2. Where credit of integrated tax remains after payment of integrated tax, does clause (a) of section 49(5) require the whole of it to be applied to central tax before any of it goes to State tax or Union territory tax? Proposed on the section 49 record and cited here, because this section removes the credit of central, State and Union territory tax from the order but does not itself answer the question.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 49A. Utilisation of input tax credit subject to certain conditions". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Central Goods and Services Tax (Amendment) Act, 2018. Cited in CBIC footnote 1.

External links