GST Refund

[Ranjith Reddy]

One of our client has exports and domestic sales for Finanacial year 2017-18. The client has missed out to disclose export turnover in their GSTR-3B, however they have disclosed the same in GSTR-1. Now client wants to file refund under inverted duty structure, my query is whether there will be any issues pertaining to non disclosure of export turnover in GSTR- 3B.

[KASTURI SETHI]

GSTR-1 is an account of details of all outward supplies whereas GSTR 3B is the summary of all transactions declared and payments made. Hence GSTR-1 does not cover GSTR-3B. GSTR 3B return or statement (whatever you may call because of recent judgment) is mandatory for filing refund claim. However, Annual Return is a final opportunity to reconcile and rectify the mistakes committed. If the figures of your Annual Returns match with books of account and GSTR-1, refund claim may not be rejected by the department otherwise litigation is the alternative route. Refund claim cannot be rejected because of procedural or technical lapses, especially, in view of the fact that no revenue loss is involved.De facto, Annual return is a final return except Final Return under Section 45.

So you may file refund claim after filing Annual Return.

[Ranjith Reddy]

Dear Sir,

we have already filed refund application.

[KASTURI SETHI]

I am hopeful you will be successful.

AI Summary

GSTR-3B requirement and Annual Return reconciliation can preserve GST refund eligibility despite disclosure omissions. Omission of export turnover from GSTR-3B does not automatically defeat a refund claim under the inverted duty structure; GSTR-3B is required for refund processing, but reconciliation through the Annual Return and books of account is the operative check. If Annual Return figures match GSTR-1 and books, refund should not be rejected for procedural lapses where no revenue loss is demonstrated, and filing Annual Return offers a remedial opportunity before or alongside refund claims.