Tax collected but not deposited with Government :
Every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith deposit the said amount to the credit of the, regardless of whether the supplies in respect of which such amount was collected are taxable or not – section 76(1) of CGST Act.
This is notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force.
Thus, these provisions are overriding provisions.
Proper Officer can issue show cause notice to him and confirm demand after giving him personal hearing.
The person shall be liable to pay interest as specified in section 50 from date of collection of tax to date of payment of tax with Government- section 76(4) of CGST Act.
Penalty upto tax so collected can be imposed – section 76(1) of CGST Act.
The person who has borne the incidence of the amount may apply for the refund of the same and for such refund provisions of unjust enrichment under section 54 will apply – section 76(11) of CGST Act.