Recovery of GST

Analysis of the Situation You're facing a situation where your company provided a self-lease facility, allowing you to lease your house to the company and live in it.

The company deducted HRA and license fees, and you're now being asked to repay an excess amount due to a rent fixation committee's decision.

Key Considerations - *Rent Fixation Committee's Decision*: The committee decided that the rent for your house should be ₹35,000, which is lower than the ₹45,000 you received.

- *Recovery of Excess Amount*: The company wants to recover the excess amount paid, which is ₹10,000 per month, along with GST paid to the government. -

*GST Liability*: You're wondering if you're liable to pay back the GST amount on the recovery amount. GST Implications -

*GST on Recovery Amount*: Since the company paid GST on the entire rental amount, they may be eligible to claim a refund or input tax credit for the excess GST paid. -

 *Recovery of GST from You*: The company should not recover the GST amount from you, as you didn't receive the GST payment. Possible Solutions -

*Company Should Recover GST from Government*: The company should claim a refund or input tax credit from the government for the excess GST paid. -

*You Should Not Pay GST on Recovery Amount*: You shouldn't be liable to pay GST on the recovery amount, as you didn't receive the GST payment. Conclusion The company should recover the GST amount from the government, and you shouldn't be liable to pay GST on the recovery amount. It's essential to review your company's policies and consult with a tax expert to ensure a fair and compliant resolution.

Thanks you Sir for a deatail reply.

1. Could you suggest any Law, Rule or Act which I can quote while asking my company not to deduct GST from the recover? 
2. I had already paid tax as Income from Property on the Lease Amount in FY-2023-24. Can I ask for Tax credit on the recovered amount? If yes, under which section or rule I may ask for Tax Credit?