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GST paid and return filed with the wrong gst rate

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Lotus Agrawal

Practice

1361 Points Posted on 06 February 2024

What are the remedies available where gst was paid at the rate of 12%, GSTR-1, 3B and 9 was filed with the same rate. Now in the next year assessee realised that the tax rate was 5%. Whether he is eligible to get the refund?

Replies (4)

Quick Summary

If you've paid GST at the wrong rate (e.g., 12% instead of 5%) and filed your returns accordingly, you may be eligible for a refund or adjustment. While excess tax paid in GSTR-3B can typically be refunded or adjusted, changes cannot be made to GSTR-9 after submission. It's crucial to rectify errors promptly by filing revised returns to ensure you claim the correct amount.

Saravanan nagaraj

463 Points Posted on 06 February 2024

If taxes are erroneously paid in excess in GSTR-3B, the same can be claimed as a refund (as per Section 54 of CGST Act) or be adjusted against tax payments of subsequent periods. But, the same cannot be claimed though GSTR-9. The refund needs to be claimed by making an application for the same on GST portal.

You can make changes until you submit the GSTR-9. However, once submitted, you can not make any changes in GSTR-9.