Excess of ITC refund

I have purchased goods @ 12%

But we make sales @ 5%

 

Can we claim of Excess ITC as refund 

Replies (3)
Quick Summary
If you've paid GST at a higher rate (12%) on purchases than you charge on sales (5%), you might be eligible to claim a refund for the excess Input Tax Credit (ITC) accumulated due to this inverted duty structure. To claim this refund, ensure your GST returns (GSTR-1, GSTR-3B, GSTR-9) are filed accurately and then submit your refund claim via the GST portal, providing all necessary supporting documents. Always verify your eligibility based on CGST Act Section 54(3) and Rule 89(5), and consider seeking professional advice.

Claiming Refund of Excess ITC Under the Goods and Services Tax (GST) regime, you can claim a refund of excess Input Tax Credit (ITC) accumulated due to inverted You might be eligible to claim a refund of excess ITC accumulated due to the inverted duty structure. Procedure for Claiming Refund To claim a refund: -

 *File GST Returns*: File your GST returns (GSTR-1, GSTR-3B, and GSTR-9) accurately. -

*Claim Refund*: Claim the refund of excess ITC in the GST portal. - 

*Supporting Documents*: Maintain supporting documents, including invoices, payment receipts, and records of ITC accumulation.

Conclusion To claim a refund of excess ITC: - 

*Verify Eligibility*: Verify your eligibility for claiming a refund due to inverted duty structure. - 

*File GST Returns*: File your GST returns accurately. - *Claim Refund*: Claim the refund of excess ITC in the GST portal.

You Can Claim refund of in case Inverted Duty Structure with certain conditions and  restrictions , as per section 54(3) of the CGST Act , and rule 89(5) of the CGST rules , ( please refer) , you also refer Circular issued by CBDT , time to time in this regards , along with Case laws . If you are eligible then you Can apply for refund. 

Take more Opinion as well. 

Please correct as "CBIC" above , instead of CBDT . 

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