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Inverted Duty Structure Refund, Goods and Services Tax - GST

Issue Id: - 115294
Dated: 7-8-2019
By:- Ranjith Reddy
Inverted Duty Structure Refund

  • Contents

Provision

where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council

Situation

However in our situation there are outward supplies (Rates 5,12,18,28) and inward supplies (Rates 5,12,18,28) which are taxed at multiple rate of taxes and also the output liability is less than inputs(ITC).

Question

Kindly advise in my case the refund under inverted duty structure is valid?

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Posts / Replies

Showing Replies 1 to 5 of 5 Records

1 Dated: 8-8-2019
By:- KASTURI SETHI

What are your products ? Have you composite supplies ?


2 Dated: 8-8-2019
By:- KASTURI SETHI

As per Section 54 (3)(ii) of CGST Act

(ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council :

In my view, you are entitled to refund claim provided you prove that in respect of some goods cleared by you, attracted lower rate on final products because of multiple tax rates. Further, in my view CMA's certificate can help you in this aspect.


3 Dated: 8-8-2019
By:- Ranjith Reddy

No we are not composite dealer, we are manufacture of Tractor and tiller products.


4 Dated: 8-8-2019
By:- KASTURI SETHI

My reply remains the same. However, I would like to mention here that 'Composition Dealer' and 'Composite supply' are different terms.


5 Dated: 10-8-2019
By:- SHARAD ANADA

You are eligible for refund of duty inverted structure

Please refer circular 79/53/2018-GST dated 31.12.2018 para 4


1

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