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GST RCM PAID UNDER WRONG HEAD

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A taxpayer had paid GST under reverse charge for financial year 2018-19 under CGST/SGST.
Taxpayer had also claimed the same reverse charge paid as input tax credit in GSTR 3B in the same financial year.
The department issued a show cause notice in 2023-24 demanding IGST as payable on the reverse charge entries.
The assessee has paid the IGST demand in DRC 03.
Can taxpayer claim refund of gst paid under wrong head for CGST/SGST when tax has been paid under correct head IGST ?
Replies (5)

A complex GST scenario! In this case, the taxpayer paid GST under reverse charge for FY 2018-19 under CGST/SGST,

 To answer your question: -

 The taxpayer can claim a refund of GST paid under the wrong head (CGST/SGST) since they have already paid the correct IGST. -

However, they need to meet the conditions for refund claim as per GST regulations. - 

The taxpayer should file a refund application in FORM GST RFD-01, selecting the option "Refund of excess payment of tax" and providing relevant details. - 

They should also provide a declaration that the excess payment was made under the wrong head and that the correct IGST has been paid. 

 Additionally, keep all relevant documents and records ready to support the refund claim.

What is date , month and year , you paid RCM-GST under correct head through DRC03 ?.
Nov 2023 paid tax under correct head
My query is
will the taxpayer get refund of cgst/sgst previously paid when the same has also been claimed as input tax credit ?


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