Refund on RCM paid on Jobwork services

[RAVIKUMAR SATHYAPRIYA]

Hi Professionals, my client had paid RCM for jobwork services and ITC has been availed. can we claim refund on such RCM paid?

[KASTURI SETHI]

Pl. elaborate your query. Full facts are required. Period ? Nature of service ? Constitution of the firm ?

[KASTURI SETHI]

If any tax has been paid wrongly, refund of that amount of tax can be claimed under the category of 'excess payment of tax' under Section 54 (8)(e) of CGST Act but ITC availed has to be reversed first.

[Shilpi Jain]

You may have to reverse ITC and apply for refund. If its a tax not liable refund should be eligible.

Show the tax paid wrongly as a receivable in your books and balance sheet.

[RAVIKUMAR SATHYAPRIYA]

Thanks for Your Reply Sir. Is Jobwork service received by the Registered person from the Unregistered person covered under RCM. Will you please explain this with relevant section or Notification or Circular.

[KASTURI SETHI]

As per Section 143(2) of CGST Act, 'Principal' is responsible for the goods/inputs/semi-finished sent for job work. Principal (owner) is also responsible for payment of tax.

[RAVIKUMAR SATHYAPRIYA]

Thank you Shilpi Jain mam for your reply

AI Summary

Exploring GST Refund Claims for RCM on Jobwork Services: Insights on Section 54(8)(e) and Section 143(2) of CGST Act. A discussion on a forum revolves around the possibility of claiming a refund on Reverse Charge Mechanism (RCM) paid for jobwork services under the Goods and Services Tax (GST) framework. A user inquires about the process, to which another participant suggests that if the tax was paid incorrectly, a refund could be claimed under Section 54(8)(e) of the CGST Act, provided that the Input Tax Credit (ITC) is reversed. Further clarification is sought regarding the applicability of RCM on jobwork services from unregistered persons, referencing Section 143(2) of the CGST Act.