Regarding the GST Refund Eligibility
This query is : Resolved
03 December 2019
Dear Professionals, Kindly guide me :
As per the Notification No.38/2017 in respect of second hand goods, a person dealing is such goods may be allowed to pay tax on the margin i.e. the difference between the value at which the goods are supplied and the price at which the goods are purchased. If there is no margin, no GST is charged for such supply. The purpose of the scheme is to avoid double taxation as the goods, having once borne the incidence of tax, re-enter the supply and the economic supply chain.
For us,there is no margin, no GST is required to be charged for such supply.But we have paid the GST amount for the sale of goods on the transaction value. Whether we can claim refund or reversal for such amount we have wrongly paid?
As per the Notification No.38/2017 in respect of second hand goods, a person dealing is such goods may be allowed to pay tax on the margin i.e. the difference between the value at which the goods are supplied and the price at which the goods are purchased. If there is no margin, no GST is charged for such supply. The purpose of the scheme is to avoid double taxation as the goods, having once borne the incidence of tax, re-enter the supply and the economic supply chain.
For us,there is no margin, no GST is required to be charged for such supply.But we have paid the GST amount for the sale of goods on the transaction value. Whether we can claim refund or reversal for such amount we have wrongly paid?
CA R SEETHARAMAN
(Expert)
03 December 2019
Yes claim refund for wrongly paid GST.
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