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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Issue ID :

EXCESS ITC REFUND CLAIMED

SURYAKANT MITHBAVKAR

We have taken refund of Unutlised ITC (Zero Rated) (Direct Export) in the month of April-2018.

While calculating ITC claim by oversight we have claimed excess of ₹ 878219/- and same has been allowed by GST department after keeping 10% amount to be sanctioned later.

Now when we apply for 10% refund we have noticed that we have claimed excess amount.

Whether department is charged interest on the same since they have issued refund against our ITC.

If we paid amount whether department will release our ITC so we can avail ITC against our Domestic supply.

Excess ITC refund: repay via DRC-03 and notify authorities to limit interest and penalty exposure. Repay any excess refund of unutilised input tax credit using DRC-03; interest may be charged from the refund sanction date until payment. Promptly inform the tax authority to mitigate penalty risk. Confirm whether the problem is an excess ITC claim or an excess refund received, the amount actually disbursed, and the dates of refund filing and receipt to enable correct adjustment and restoration of ITC for domestic supplies. (AI Summary)
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Mahadev R on Dec 24, 2019

In total, if there is any excess refund claimed, then pay it back through DRC-03. Interest may be demanded from date of sanction of refund till date of payment. It is better to bring it to notice of department at the earliest so that there would be no penalty demanded.

Ganeshan Kalyani on Dec 24, 2019

I agree with Sri Mahadev Ji, on the point that upfront intimation of such fact need to be reported to the authority.

DR.MARIAPPAN GOVINDARAJAN on Dec 24, 2019

Better you may inform the department and pay the excess amount of refund got by you.

KASTURI SETHI on Dec 25, 2019

I agree with the views of the experts.

Nandan Khambete on Dec 26, 2019

Excess ITC of ₹ 8,78,219 is claimed or excess refund of ₹ 8,78,219/- is claimed ?

If ₹ 8,78,219 is excess refund claimed, how much out of if is actually received in 90% refund sanctioned and received ?

Whether Refund is filed "in" April 2018 or "for" April 2018 ? If later , when have you filed refund and when have you received RFD 02 and RFD 04 ?

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