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Refund of RCM

Vineet Agrawal

During the F.Y. 2017-18, I had paid RCM wrongly under the heads of CGST and SGST. I had even claimed ITC under those heads. While reconciling with GSTR 2A, I came to know that I was liable to pay IGST instead of CGST and SGST.

Can I claim refund of CGST and SGST now (provided that I make IGST payment)

What will be the position of ITC claimed earlier?

Mistaken RCM tax payment under CGST/SGST instead of IGST raises refund challenges; advised against due to revenue-neutrality. An individual mistakenly paid Reverse Charge Mechanism (RCM) taxes under CGST and SGST instead of IGST for the fiscal year 2017-18 and sought advice on claiming a refund. Respondents suggested that while a refund is possible, it involves complexities, especially regarding Input Tax Credit (ITC) previously claimed. They advised against pursuing a refund due to the revenue-neutral nature of the situation and potential complications if the tax department audits or issues a notice. The discussion highlighted legal nuances and changes in tax law, emphasizing caution and the risk of time limits expiring. (AI Summary)
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