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Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - GST - States - 173/05/HGST/2022/GST-II

Extract

..... ases where the supplier is required to supply goods at a lower rate under Concessional Notification issued by the Government. In order to clarify the issue and to ensure uniformity in the implementation of the provisions of law in this regard across the field formations, the Board, in exercise of its powers conferred by section 168 of the Haryana Goods and Services Tax Act, 2017 (hereinafter referred to as “HGST Act”), hereby clarifies the issue as under: 2. Vide para 3.2 of the Circ .....

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Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - GST - States

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..... s been examined. The intent of para 3.2 of the Circular Issued vide No.798/GST-2 dated 29.05.2020 was not to cover those cases where the supplier is making supply of goods under a concessional notification and the rate of tax of output supply is less than the rate of tax on input supply (of the same goods) at the same point of time due to supply of goods by the supplier under such concessional notification. 4. Therefore, it is clarified that in such cases, refund of accumulated input tax credit .....

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Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - GST - States

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..... do not get covered under the provisions of clause (ii) of the first proviso to sub-section (3) of section 54 of the HGST Act. 3.3 There may however, be cases where though inputs and output goods are same but the output supplies are made under a concessional notification due to which the rate of tax on output supplies is less than the rate of tax on inputs. In such cases, as the rate of tax of output supply is less than the rate of tax on inputs at the same point of time due to supply of goods b .....

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Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - GST - States

X X   X X   Extracts   X X   X X