GST INVERTED DUTY STRUCTURE REFUND

Assessee was earlier engaged in manufacturing taxable goods under regular rate structure. W.e.f. 22-09-2025, output GST rate was reduced while input tax rates remained unchanged, resulting in inverted duty structure.

Certain inputs were lying in closing stock as on 22-09-2025 on which ITC had already been availed in earlier tax periods. These old-stock inputs will now be consumed after 22-09-2025 for manufacturing goods taxable at lower inverted rate.

Whether refund of accumulated ITC under Section 54(3) read with Rule 89(5) can be claimed in respect of such old-stock inputs consumed during inverted duty period, even though ITC on those inputs was availed prior to commencement of inverted duty structure?

Replies (1)

 

Yes, a refund can be claimed. Even though the ITC was availed prior to the commencement of the inverted duty structure, the accumulation of that credit occurs because the output tax (now lower) is insufficient to absorb the credit from the inputs consumed.

The taxpayer should ensure that:

  1. The inputs are clearly used for the manufacturing of the inverted-rated goods.

  2. The refund is filed within the limitation period (two years from the relevant date).

  3. The calculation follows the Net ITC definition as per Rule 89(5).

 

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