Excess GST paid in Mar-18 GSTR-3B, Goods and Services Tax - GST

[JIGAR SHAH]

Sales as per GSTR-3B IGST 18%	15,00,000 2,70,000	Paid by set-off IGST Input credit Balance of Import Duty
Sales as per GSTR-1, Books & GSTR-9 IGST 18%	1000000 180000
Excess tax-paid by GSTR-3B of Mar-18	90000

Issue :-

How Excess IGST payment in GSTR-3B can be claimed?

Option - 1 :-

Can we reclaim as IGST Input credit in GSTR-3B of August-19?

Option - 2 :-

Can we adjust against IGST liability of output sales of August-19 in GSTR-3B?

Option - 3 :-

If the above two option is not valid, last option refund claim after filing of GSTR-9 & GSTR-9C.

Posts / Replies

[KASTURI SETHI]

I am in favour of option no.3.

Best option is to apply for refund claim under Section 54(8)(e) of CGST Act. It is safe and problem-free. Now Govt. has issued strict instructions to sanction refund claim within a stipulated period.

[DR.MARIAPPAN GOVINDARAJAN]

You can claim refund as suggested by Shri Sethi.

[Ganeshan Kalyani]

If it is said that cash balance in Electronic Cash balance is taxpayer money unless he offset it against outward tax payable, then it can be safely said that excess cash to the extent excess cash paid should be able to adjust against current month liability. In 3B it was paid more but offset was done only against the actual liability, so balance amount is just an amount excess in the accounts. And should be able to offset against current month liability. This is practical solution which I think is. However the solution as given by Sri Kasturi Sir and Sri Mariappan Sir would prevail. Thanks.

[JIGAR SHAH]

Thanks, to all of you

[Himansu Sekhar]

Section 39(9)- Subject to the provisions of sections 37 and 38, if any registered person after furnishing a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed, subject to payment of interest under this Act:

Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of return for the month of September or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier

As per the above provisions, the rectification of the return is not possible.