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Non payment of gst invoice of which tax deposited by us
19-Dec-2025 (In Criminal Law)
Is there any law in gst to recover payment of gst invoice of which gst amount deposited by us
1)yes, you can issue a credit notes from customer for adjust sale
2)debit notes
3)revised gst return bothe parties adjust their gst filing gstr1 and GSTR 3b to reflect the credit notes and reversal
4) if the customer doesn't pay you initiate recovery proceeding under 73,74 cgst act
depending on fraudulent or non fraudulent
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Adv. Sangeeta Rai
Adv. Sangeeta Rai
Varanasi / Banaras | 25+ Answers
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Given the circumstances, I recommend filing for Domestic Violence (DV) and Maintenance. Since you are currently unemployed despite your previous work history, you are eligible to seek financial support for both yourself and your child.
​Please note that a comprehensive legal strategy requires more specific details. To discuss your case in depth and explore the best legal solutions, feel free to contact me for a detailed consultation.
​Regards,
​Aakash Sharma
Advocate, Allahabad High Court
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Adv. Aakash Sharma
Adv. Aakash Sharma
Allahabad | 25+ Answers
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Under GST law, there is no direct provision that allows recovery of unpaid invoice amounts through the GST department, even if GST on the invoice has already been paid to the Government. GST authorities deal only with tax collection and compliance, not with recovery of business dues.
However, this does not mean the amount is lost. Once an invoice is raised and GST is deposited, the buyer is legally bound to pay the full invoice value, including the GST amount. GST paid by you becomes part of the consideration payable by the customer.
The correct and effective remedy is legal recovery through civil or commercial proceedings. We can file a recovery suit / summary suit / arbitration, depending on the documents and contract. The GST component already paid by you can be clearly claimed and courts generally allow recovery when invoices and tax payment are proved.
GST law itself supports this position because tax becomes payable at the time of supply, not on receipt of payment, which is why suppliers often have to pay GST even when customers delay payment.
Therefore, the practical solution is to proceed with legal recovery against the buyer, along with interest and costs, rather than approaching GST authorities for recovery.
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Adv. Rahul Agarwal
Adv. Rahul Agarwal
Allahabad | 25+ Answers
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Under the GST law, there is no specific provision which directly allows recovery of GST amount from the buyer once the supplier has already deposited the GST with the Government. As per the CGST Act, 2017, the liability to pay GST is on the supplier, irrespective of whether the consideration is received from the customer or not. However, recovery of the GST component can be claimed under civil law as part of the total invoice amount, since GST forms part of the contractual consideration. The supplier may initiate civil recovery proceedings, issue a legal notice, or file a summary suit for recovery of dues under the Code of Civil Procedure. In appropriate cases involving dishonest intention, remedies under criminal law (cheating/breach of trust) may also be explored. The GST law itself does not provide a separate mechanism for such recovery from the buyer.
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Adv. Prateek Pal
Adv. Prateek Pal
Delhi | 25+ Answers
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When GST can be taken back under law (exceptions)
1. Section 54 – Refund
Refund is allowed only if GST was not legally payable, such as:
Excess payment
Wrong tax (CGST/SGST instead of IGST)
Double payment
Supply not made / transaction failed
Tax paid under protest
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Adv. Aman Shankar
Adv. Aman Shankar
Lucknow | 25+ Answers
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