REFUND OF EXCESS TAX PAID IN FY 2019-20

[Bipin Parmar]

Dear Experts,

The dealer issued bill in 2019-20 and paid tax on it but the buyer rejected the order. The supplier issued CN to adjust tax liability but could not adjust as negative figures were not acceptable in GSTR-3B and the dealer had less outward supply.

Is there any provision under GST Act to claim refund of excess tax paid in FY 2019-20?

Plese help

[KASTURI SETHI]

Mention the date of invoice and the date of issuance of credit note. If you have proof of portal snags/glitches, you can get refund and this may be through litigation. Pl. intimate both dates to examine further in your favour.

[Bipin Parmar]

Dear Sir,

Both invoice and credit note date falls in june 2019.

[KASTURI SETHI]

Sh.Bipin Parmar Ji,

You can file refund claim within two years from the date of payment excess tax as per Section 54 (1) of CGST Act, 2017. Also see Explanation -2(h) below Section 54(14) of CGST Act. Detailed procedure is laid down in Rule 89 of CGST Rules, 2017. You are to apply for refund claim in Form GST RFD-01 on Common Portal System.

[Bipin Parmar]

Thank You so much Kasturi Sir.

[Ganeshan Kalyani]

Sir if both invoice number and credit note was in June 2019 then you could have avoided to furnish both the info. Say 100/- was invoice value and 100/- was credit note value then 0/- should have furnished. Anyway the things has happened. Follow the suggestion given by Sri Kasturi Sir.

AI Summary

Refund of excess GST: claim under Section 54 within two years via Rule 89 using Form GST RFD 01. Where a credit note could not be reflected in GSTR 3B and excess GST was paid, the taxpayer may claim a refund by filing a refund application within the two year limitation period under the CGST Act, following the procedural requirements in Rule 89, and submitting Form GST RFD 01 on the common portal, supported by invoice and credit note dates and any portal glitch evidence.