Section 9 of the UTGST Act, 2017

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GST›UTGST Act, 2017

At a glance

Entitlement and conditions

  • Section 9(b), provisoUTGST credit can be used against integrated tax only where central-tax credit is not available for that payment. This proviso took effect on 1 February 2019.

Bars, duties and time limits

  • Section 9(c)UTGST credit cannot be used towards central tax.

Procedure, powers and definitions

  • Section 9(a)Integrated-tax credit first goes towards integrated tax. The clause then names central tax and State tax or Union territory tax, in that order, for the remaining amount.
  • Section 9(b)Union territory tax credit first goes towards Union territory tax; any remaining amount can be used towards integrated tax subject to the proviso.
  • Section 9(a)The law does not settle whether the whole remaining integrated-tax credit must be applied to central tax before any is applied to State tax or Union territory tax.

Section 9 sets the basic order for using integrated-tax and Union territory tax credit in the electronic credit ledger. It restricts cross-use of UTGST credit and gives central-tax credit priority before UTGST credit is used against integrated tax. These rules must be read with the overriding integrated-credit rule in section 9A and the prescribed-order power in section 9B.[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 9, verbatim (show)

Section 9. Payment of tax. The amount of input tax credit available in the electronic credit ledger of the registered person on account of,-

(a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax,or as the case may be, Union territory tax, in that order;

(b) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax;

1[Provided that the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax;]

(c) the Union territory tax shall not be utilised towards payment of central tax.

1. Inserted vide s. 3 of the Union Territory Goods and Services Tax(Amendment) Act, 2018 w.e.f 1st February, 2019.

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.

Integrated-credit initial use 9(a)

Questions to answer on the file5 questions
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Remaining integrated-credit order 9(a)

Questions to answer on the file7 questions
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Union-territory credit initial use 9(b)

Questions to answer on the file5 questions
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Remaining Union-territory credit to IGST 9(b) proviso

Questions to answer on the file7 questions
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UT-to-central credit prohibition 9(c)

Questions to answer on the file5 questions
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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 9 as footnoted in the CBIC text
NoteChange
1Inserted vide s. 3 of the Union Territory Goods and Services Tax(Amendment) Act, 2018 w.e.f 1st February, 2019.[2]
Provisions connected to Section 9
ProvisionConnectionWords that tie them
Section 9Athis provision overridden priority this provisionA9(a) "integrated tax shall first be utilised"
Section 9Bthis provision subject to prescribed ordering this provisionB9(a) "in that order"

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 (5)

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.
Notification No. 08/2019-Union Territory Tax (Rate)29 March 2019Seeks to amend notification No. 1/2017- Union Territory Tax (Rate) so as to notify UTGST rate of certain goods as recommended by Goods and Services Tax Council for real estate sector.
Notification No. 02/2019-Union Territory Tax (Rate)7 March 2019To give composition scheme for supplier of services with a tax rate of 6% having annual turn over in preceding year upto Rs 50 lakhs amended by a later instrument
Notification No. 11/2017-Union Territory Tax (Rate)28 June 2017To notify the rates for supply of services under UTGST Act amended by a later instrument
Notification No. 12/2017-Union Territory Tax (Rate)28 June 2017To notify the exemptions on supply of services under UTGST Act amended by a later instrument

Unsettled questions

The words of section 9 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. Where credit of integrated tax remains after payment of integrated tax, does CGST section 49(5)(a) or UTGST section 9(a) require the whole of it to be applied to central tax before any of it goes to State tax or Union territory tax?

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 9. Payment of tax". Union Territory Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Union Territory Goods and Services Tax(Amendment) Act, 2018. Cited in CBIC footnote 1.

External links