gst on advance and invoicing

[Madhavan iyengar]

Advance received for services in FY 18-19 and GST paid in 3B and shown in GSTR-1

Invoice was also raised in FY 18-19 and gst discharged and shown in GSTR-1 and 3B

Issue:

GST was paid twice without adjustment of advance

Whether we can adjust the excess gst in FY 19-20 or should we claim refund of the excess gst paid

[DR.MARIAPPAN GOVINDARAJAN]

Better you can claim refund.

[KASTURI SETHI]

I agree with the view of Dr.Mariappan, Sir.

[Spudarjunan S]

Dear Sir,

By conjoint reading of Proviso to section 39(9) and circular no.26/2017 dated 29.12.2017, you could have adjusted such excess paid taxes till due date for filing of returns for the month of September 2019 i.e. 20th October 2019.

If not adjusted, then disclose properly in Annual returns for F.Y 2018-19 & apply for refund.

Go for refund

AI Summary

Double GST payment on advance: adjust within the statutory adjustment period or disclose and claim refund afterward.
Excess GST paid on advances may be adjusted against subsequent liabilities within the statutory adjustment period; if not adjusted before the prescribed cut-off, the taxpayer must disclose the excess in the annual return for the relevant year and apply for a refund under the statutory refund procedure.