I will try to ask my query with a example
supposing x is has managed to not paying gst on inputs for purchasing service
later after 3 years it has been found by the proper officer that x has to pay gst on inputs which are not being taxed by the seller as x gave fake details
now x is liable to pay tax, but x has appealed that the input tax which he has to pay is purely refundable as he is an exporter
In this case, who would succeed?
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Notice & input claims
Replies (4)
Quick Summary
Please elaborate your querry clearly
Gst on inputs is refundable as the party is exporter, but he did not claim or paid gst on inputs, if the proper officer finds this out and asks to pay the gst on inputs can the party appeal that even if he has to pay gst on inputs it's totally refundable, will he be successful? or the dept can argue refundable gst on inputs can only be if they have been claimed by paying gst?
X may suceed provided a proper expln is provided to dept.....
The facts mentioned by you are the seller didn't paid the tax but x dod paid tax to seller
Further said goods were exported and refund for inputs was claimed
Correct me if m wrong with facts
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