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Refund of ITC claimed on capital good

Rules 287 views 4 replies

Hi,

A client of mine bought a machinery for the business and claimed Rs 190000 as ITC.

Now the client wants to claim this ITC as a refund to the bank account.

Is refund of ITC claimed on machinery or capital goods allowed? as per my understanding it is not but I just wanted any experts opinion.

Thanks,

Neha

Replies (4)
Dear Ma'am,

refund of ITC only in case of Inverted Rate of tax and export of Goods and services by paying IGST.

avove ITC only can be utilised for outward liabilities of GST.

CA RKM
9038835683
Agreed with Mr. Mishra
No as per Section 54 you cannot claim refund on same.
As per First Proviso to Sub-Section (3) of Section 54 of the CGST Act 2017, " There will be No REFUND of UNUTILISED INPUT TAX CREDIT, " except in the following cases :

(i). Zero Rated Supplies made without payment of Tax.

(ii). Incase of 'INVERTED DUTY STRUCTURE'.

Hence, you are not eligible for REFUND OF ITC as per Section 54 of the CGST Act 2017.

Regards,
Shivam RC.


CCI Pro

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