Sir / madam
Please guide, is refund claim of unutilized ITC available which was transferred through ITC-02 to which party cannot claim and utilise due to GST rates on inputs materials are higher than the outward ?
if yes, what are the terms and conditions as per provisions?
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The ITC transferred under ITC-2 relates to transfer of ITC in case of sale, merger, demerger, amalgamation, lease or transfer of a business under sub-section (3) of section 18 of CGST Act, 2017. The procedure is prescribed under rule 41 of CGST Rules, 2017. Since the said provisions permit transfer of unutilized ITC on sale, merger, demerger, amalgamation, lease or transfer of a business under sub-section (3) of section 18 of CGST Act, 2017 you can claim the refund of the same if the rate of tax in output materials are lower than the tax on input materials.
Refund of this circulated credit seems to be difficult unless there are other supplies in which this credit can be used where the rate of tax is higher.
Such refund is admissible. No need to post more information as already well explained by both experts.