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GST related query.............

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Ajnas

Student

570 Points Posted on 11 September 2021

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?

Replies (3)

Quick Summary

A supplier mistakenly collected and paid 18% GST instead of the correct 5% for FY 2019-20. The time limit to issue a credit note has passed. The recipient has already claimed input tax credit on the excess GST paid. The core question is whether the recipient's action of claiming input tax on the excess GST is correct, and if a refund is possible, who would be eligible to claim it given the recipient has already availed the input credit.

Rajendra Prasad

Employee Private

1142 Points Posted on 11 September 2021

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.