GST PAID TWICE

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ASESSEE PAID GST AND SUBMITTED GSTR-3B AND GSTR-1 FOR THE Q. E. SEPT, 2019. LATER CAME TO KNOW THAT GSTR-1 HAS BEEN WRONGLY FILED IN FAVOUR OF ANOTHER ASESSEE.. FILED AMENDEMEND OF GSTR-1 FOR THE Q.E 31.12.2020. HIS CUSTOMER IS OF THE OPNION THAT THEY HAVE NOT AVAILED THE  ITC SINCE AMENDEMEND NOT FILED BEFORE 30.09.2020. THE CUSTOMER THEREOFORE RECOVERED THE GST FROM OTHER BILL WITH INTEREEST. FROM THE ASSESSEE.

ASSESSEE HAS TO PAY GST TWICE ONE TO THE DEPARTMENT AND ALSO TO THE CUSTOMER.AGAINST A SAME INVOICE.

CAN THE ASSESSEE CLAIM GST  FROM THE GST AUTHORITY  AND HOW ?

Replies (1)

Hi Anup Kumar,

Your issue is a classic case of GST paid twice due to incorrect filing and subsequent amendment delays. Here's a detailed explanation and what can be done:


Situation Recap:

  • You filed GSTR-1 incorrectly for Sept 2019 in favor of a wrong assessee.

  • GSTR-3B was filed correctly (GST paid).

  • The amendment to correct GSTR-1 was filed late (after the 30.09.2020 deadline).

  • Your customer could not claim ITC because of the late amendment.

  • Customer recovered GST with interest from you again.

  • Result: You effectively paid GST twice on the same invoice.


Can you claim GST back from authorities?

Yes, you can claim a refund or adjustment, but the process is a bit complex because the root cause is the delay in amendment affecting your customer’s ITC claim.


What to do?

  1. Rectify GSTR-1 and GSTR-3B:

    • You have already filed amendment for GSTR-1.

    • Check whether your GSTR-3B also reflects the amendment, else file adjustment accordingly.

  2. Communicate with your Customer:

    • Provide proof of your correct GST payment and amended filings.

    • Request the customer to verify if they have claimed ITC post amendment.

  3. Refund or Adjustment to Customer:

    • Since your customer recovered GST from you again, you may need to refund or adjust the amount to the customer as per contract.

  4. Claim Refund from GST Authorities:

    • Under Section 54 of CGST Act, you can file a refund application for excess tax paid.

    • Refund can be claimed for:

      • Tax paid but not due.

      • Tax paid twice on the same transaction.

    • You need to provide proof of payment, amended returns, and customer communication.

  5. Legal Recourse:

    • If refund process is delayed or rejected, consider filing an appeal with GST Appellate Authority or Tribunal.


Key Points:

  • GST portal allows correction in GSTR-1, but ITC claim by recipient has time limits.

  • Delay in amendment affects customer’s ITC but does not affect your GST liability.

  • You should ideally coordinate with your customer to avoid double payment.

  • Filing refund claims on grounds of “tax paid twice” is valid if you have documentary evidence.

  • Keep all communications, amendments, and payment proofs safe.


Practical Advice:

  • Approach GST officers for guidance.

  • Consult a GST expert/consultant for refund filing.

  • Ensure future GSTR-1 filing is accurate to avoid such issues.



CCI Pro

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