Refund of GST Paid on RCM for F.Y.17-18, Goods and Services Tax - GST

[NISHANT SHAH]

Dear Experts,

We had paid GST as per RCM for F.Y.17-18 while filling annual return GSTR-9 through DRC-03.

My first question is that ,I want to know whether am i eligible to get refund of this tax by virtue of Section 54(3) of CGST Act read with Rule-89 of CGST Rules 2017. If so, what is time limit within which we may apply for refund?

Our tax consultant has submitted above comments in GSTR-9C (in Auditor's comment) stating that assessee is eligible to get above refund but ,

Rule 89(3) of CGST Rules, 2017 also provide that where the application relates to refund of input tax credit, the electronic credit ledger shall be debited by the applicant in an amount equal to the refund so claimed. But while filling GSTR-3B, our CGST Credit Ledger balance automatically gets fully utilised by virtue of set-off rules so we would not be able to hold balance equivalent to CGST Refund amount which we are going to apply of RCM Paid tax. Now, how to claim refund of tax paid?

Posts / Replies

[DR.MARIAPPAN GOVINDARAJAN]

Discussions are so elaborate so as to clear the query.

[Bhavika Chothani]

RCM Liability paid via DRC-03 does not get credited to ITC Ledger. Hence you cannot take ITC. For claiming refund since this is related to the liability which you have not paid earlier, you cannot claim refund too.

[VenkatanarasimhaRao Murala]

Dear sir we paid gst on agriculture product under rcm and climed ITC during 2017-18 , during GST audit conducted by department , the officer is saying that u cannont pay gst on agriculture product and ITC Canoot be climed u should apply for refund , and intended to dissallow above ITC climed and pay entire tax with interest and penalty.

My question is can we apply refund now

[Chandani Nawalkha]

Any excess tax deposited with the department is refundable. The relevant date for period of limitation in such cases shall be date of payment of tax.

[NISHANT SHAH]

Dear Mam,

I shttps://www.taxmanagementindia.com/visitor/detail_forms.asp?ID=1278I have 2 point which must be cleared

1)Whether time limitation of refund is applied from date of payment of tax or from date of original due date of payment of tax ??

2)If I still agree with your views for claiming refund from the date of payment of tax, second question arised for claming refund of payment of tax made by DRC-03. How can I get refund of tax paid through DRC-03??

Please elaborate. Waiting for views of other experts also.

Thanks