Can a construction company claim refund of unutilised ITC through Form GST RFD-01?
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Quick Summary
This discussion explores whether construction companies can claim a refund for unutilised Input Tax Credit (ITC) on works contract services under GST. While ITC is generally available for services used in further supply, the possibility of a refund hinges on specific conditions, particularly the inverted duty structure where input GST is higher than output GST. It's clarified that refunds are typically only applicable to ITC on inputs, not input services, and are generally limited to exports or inverted duty scenarios.
ITC for works contract can be availed only by person who is in the same line of business and is using such services for further supply of works contract service. My query is does it qualify under inverted duty structure since output gst is paid at 12% while itc availed is at 18% ?
ITC AND UTILISATION OF CREDIT IN CONSTRUCTION BUSINESS.. 1. ITC IS NOT AVAILABLE ON IMMOVABLE PROPERTY ON WORKS CONTRACT SERVICES EXCEPT IT IS USED FOR FURTHERANCE FOR BUSINESS
Yes you can claim, It is pertinent to note that the refund will be granted only for ITC of inputs. Therefore, unutilized ITC of input services will be lying in the electronic credit ledger without any recourse to refund.