Supplier Registered Person ABC, has collected tax @ 18 % ( CGST 9 % and GST 9 % ) and hsn code 4403 on such sale from the Recipient and filed returns and paid taxes accordingly during the period F.Y. 2019-20 . Now, he came to know that correct tax rate is applicable @ 5 and hsn code is 4401( CGST 2.5 % & SGST 2.5 % ) and there is excess payment of tax of 13 % during above situation, time limit for issuing credit note /debit note is Expired, receipent is also claimed input on such excess gst paid, recipient action on claiming input on such excess 13 % is correct?
If recipient availed Input, then it is not possible to claim refund. And also any such refund has to claim on or before 2years from the relevant date. And also what ever the taxes collected, has to pay to the government.
Not clear your answer, can you elobrate? is any problem on claiming input on such Excess 13% GST input by receipent? if refund option is available? who will claim GST refund?
CAclubindia
