Inverted duty refunds protect input tax credit where commercially distinct inputs bear higher GST than outputs.
Refund of unutilised input tax credit under the inverted duty structure provision is available where inputs and outward supplies are commercially distinct and input GST rates exceed the output rate. Perfumes, fragrances, chemicals and packaging materials, compared with agarbati as the output supply, create a qualifying input-output rate differential. A circular addressing the same goods taxed at different rates over time does not bar such a claim. Departmental circulars bind tax officers but remain persuasive before the Tribunal and cannot expand statutory refund restrictions.
Issues: (i) Whether the taxpayer's unutilised input tax credit had accumulated because the GST rate on inputs exceeded the rate on output supplies, within clause (ii) of the first proviso to Section 54(3) of the Central Goods and Services Tax Act, 2017; and (ii) Whether paragraph 3.2 of Circular No. 135/05/2020-GST dated 31.03.2020 barred the taxpayer's refund claim.
Issue (i): Whether the taxpayer's unutilised input tax credit had accumulated because the GST rate on inputs exceeded the rate on output supplies, within clause (ii) of the first proviso to Section 54(3) of the Central Goods and Services Tax Act, 2017.
Analysis: Clause (ii) permits refund of unutilised input tax credit where it has accumulated because the tax rate on inputs is higher than that on output supplies. The inputs, including perfumes, fragrances, chemicals and packaging materials, were commercially distinct from the outward supply of agarbati. Those inputs attracted GST at 12% to 18%, whereas the output attracted GST at 5%, resulting in an inverted duty structure.
Conclusion: The refund arose from an inverted duty structure under clause (ii) of the first proviso to Section 54(3) of the Central Goods and Services Tax Act, 2017 and was admissible in favour of the assessee.
Issue (ii): Whether paragraph 3.2 of Circular No. 135/05/2020-GST dated 31.03.2020 barred the taxpayer's refund claim.
Analysis: The circular clarification concerns cases in which input and output supplies are the same goods attracting different rates at different points of time. The later clarification preserved refund where a contemporaneous rate differential exists, including specified concessional supplies. Since the inputs and output supplies were distinct goods, the same-goods clarification did not apply. CBIC circulars bind departmental officers but have only persuasive value before the Tribunal.
Conclusion: Paragraph 3.2 of Circular No. 135/05/2020-GST dated 31.03.2020 did not bar the refund claim, in favour of the assessee.
Final Conclusion: The statutory requirements for refund of accumulated input tax credit due to the input-output tax rate differential were satisfied, and the circular clarification could not displace that entitlement.
Ratio Decidendi: Refund of unutilised input tax credit is available where a higher rate of tax on inputs than on commercially distinct output supplies creates an inverted duty structure; a circular confined to same-goods rate changes cannot enlarge the statutory restriction on such refund.