Section 20 of the UTGST Act, 2017

From the IndiaAuditLens Law Library

GST›UTGST Act, 2017

At a glance

Entitlement and conditions

  • Section 20(1)The returned-goods refund route requires a sale within the preceding six months, return by an unregistered person within six months from the appointed day, and identification satisfactory to the proper officer. Return by a registered person is deemed a supply.
  • Section 20(3) to (5)Earlier-law refund claims and credit disputes follow that law. The stated routes provide cash refunds, lapse of rejected refund credit, restrictions on rejected credit and a bar against refunding carried-forward credit. Recoverable disputed credit becomes a UTGST arrear unless recovered under the earlier law.
  • Section 20(9) and (10)Post-appointed-day supplies under earlier contracts fall under UTGST, subject to the Chapter’s exceptions. The specified earlier-law levies restrict duplicate taxation despite CGST time-of-supply provisions. Supplies previously taxed under both sales-tax and service-tax laws have a prescribed transitional credit route to the extent supplied after the appointed day.
  • Section 20(11)Approval goods must have been sent within the preceding six months and returned within six months from the appointed day. The Commissioner can extend the latter period by up to two months on sufficient cause. Separate provisos impose payment duties on the returner and sender where their conditions are met.

Bars, duties and time limits

  • Section 20(12) and ExplanationThe stated GST deduction exclusion requires an earlier-law deduction obligation and an invoice issued before the appointed day, though payment follows afterwards. For this Chapter, capital goods retain their meaning under the existing sale-of-goods law.

Procedure, powers and definitions

  • Section 20(2)An upward goods-price revision under an earlier contract requires a supplementary invoice or debit note within thirty days. A downward revision permits a credit note within thirty days; liability reduction requires corresponding recipient credit reduction. The law does not settle late-document deeming or how the supplier proves that reduction.
  • Section 20(6) to (8)Earlier-law output-tax disputes, assessment or adjudication and revised returns retain their specified cash-refund or arrear-recovery routes. Recovered amounts and rejected claims cannot become UTGST credit. The revised-return refund route requires revision within the earlier-law time limit.
  • Section 20(11)The law does not settle the sufficient-cause standard or whether the specified period in the payment provisos includes the Commissioner’s extension.

Section 20 deals with transactions and disputes spanning the transition from the existing law to UTGST. It sets routes for returned goods, contract price revisions, earlier-law refunds and recoveries, revised returns and supplies under earlier contracts. It also addresses overlapping levies, approval goods and earlier-law tax deduction. The outcome depends on the particular transitional route and its conditions.[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 20, verbatim (show)

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.

(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, 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.

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.

Returned-goods refund conditions 20(1)

Questions to answer on the file10 questions
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Registered returner deemed supply 20(1) proviso

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Upward price document and timely deeming 20(2)(a)

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Downward price document and timely deeming 20(2)(b)

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Late upward document deeming 20(2)(a)

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Downward tax reduction recipient condition 20(2)(b) proviso

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Existing-law general refund disposal 20(3)

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Rejected ITC amount lapses subsection3 20(3) provisos

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Carried-forward ITC no-refund restriction subsection3 20(3) provisos

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Existing-law exported-goods refund disposal 20(4)

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Rejected ITC amount lapses subsection4 20(4) provisos

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Carried-forward ITC no-refund restriction subsection4 20(4) provisos

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Cash refund of accrued old-law amount 20(3)

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Input Tax Credit Claim refund consequence 20(5)(a)

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Rejected amount not admissible as UT ITC 20(5)(a) 20(5)(a)

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Input Tax Credit Recovery recover consequence 20(5)(b)

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Output Tax Liability recover consequence 20(6)(a)

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Output Tax Liability refund consequence 20(6)(b)

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Rejected amount not admissible as UT ITC 20(6)(b) 20(6)(b)

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Tax Interest Fine Or Penalty recover consequence 20(7)(a)

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Tax Interest Fine Or Penalty refund consequence 20(7)(b)

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Rejected amount not admissible as UT ITC 20(7)(b) 20(7)(b)

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Revised Return recover consequence 20(8)(a)

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Revised Return refund consequence 20(8)(b)

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Rejected amount not admissible as UT ITC 20(8)(b) 20(8)(b)

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ITC-claim proceeding carry-forward restriction 20(5)(a) proviso

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Unrecovered amount measure 20(5)(b),(6)(a),(7)(a),(8)(a)

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Post-day supply under pre-day contract 20(9)

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No UT tax to old-tax goods extent 20(10)(a)

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No UT tax to old-tax services extent 20(10)(b)

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Both old taxes paid and post-day credit extent 20(10)(c)

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Both old taxes paid UT levy 20(10)(c)

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Dual-tax credit calculation 20(10)(c)

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Approval goods timely-return relief 20(11)

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Late-approval tax on returner 20(11) second proviso

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Late-approval tax on sender 20(11) third proviso

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Old-law TDS sale no incorporated CGST51 deduction 20(12)

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Capital-goods meaning under existing sales law 20 Explanation

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Provisions connected to Section 20
ProvisionConnectionWords that tie them
Section 12 of the CGST Act, 2017this provision overrides Section 12 of the CGST Act, 201720(10)(a) "Notwithstanding anything contained in section 12"
Section 13 of the CGST Act, 2017this provision overrides Section 13 of the CGST Act, 201720(10)(b) "Notwithstanding anything contained in section 13"
Section 51 of the CGST Act, 2017this provision branches on Section 51 of the CGST Act, 201720(12) "section 51"

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 (1)

NumberDateSubject
Notification No. 03/2019-Union Territory Tax (Rate)29 March 2019Seeks to amend notification No. 11/2017- Union Territory Tax (Rate) so as to notify UTGST rates of various services as recommended by Goods and Services Tax Council for real estate sector.

Unsettled questions

The words of section 20 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Where the supplementary invoice or debit note required by clause (a) of sub-section (2) is issued after the thirty days that clause allows, does the deeming still operate, so that the document is treated as issued in respect of an outward supply made under this Act? The clause states the obligation, the period and the deeming in one breath and nowhere says whether the deeming is conditional on the period being kept. The same timing-versus-deeming question applies to the corresponding goods-only upward price revision under UTGST section 20(2)(a).
  2. How is the supplier to establish that the recipient has reversed the input tax credit attributable to the credit note, when the Act gives him no means of seeing the recipient's ledger? The same evidentiary question applies to the corresponding goods-only downward price revision in UTGST section 20(2)(b).
  3. What standard determines whether the shown cause is sufficient for the Commissioner to extend this identified UT transitional period, where the provision supplies no mechanical criterion?
  4. Do the words "a period specified in this sub-section", used in the second and third provisos to sub-section (12), mean the six months in the main limb alone, or the six months as extended by the Commissioner under the first proviso? The first proviso extends "the said period of six months" but the two provisos that follow speak of a period "specified in this sub-section", and the sub-section itself specifies only six months. The same specified-period question applies to UTGST section 20(11), preserving that subsection’s six-month return period and optional extension of no more than two months.
  5. Do the words "a period specified in this sub-section", used in the second and third provisos to sub-section (12), mean the six months in the main limb alone, or the six months as extended by the Commissioner under the first proviso? The first proviso extends "the said period of six months" but the two provisos that follow speak of a period "specified in this sub-section", and the sub-section itself specifies only six months. The same specified-period question applies to UTGST section 20(11), preserving that subsection’s six-month return period and optional extension of no more than two months.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 20. Miscellaneous transitional provisions". Union Territory Goods and Services Tax Act, 2017, CBIC tax information portal. Retrieved 17 September 2026.

External links