GST Refund under Inverted Duty Structure

[Kapil Gupta]

Dear experts,

One of my client is in the business of solar power plant. They are procuring raw materials such as solar panel, solar cell, structure etc. from vendors and assembles on project site. After completing solar power plant, they sold it to their customers as it is.

Raw materials was purchased at 18/28%, however, sale of power plant at 5% earlier and currently 12%. Can we take refund of unutilised itc accumulated on account of inverted duty structure?

Further, such ITC accumulated during the year 17-18 & 18-19. Can we file gst refund now for the said period anyhow?

Thankyou

[Shilpi Jain]

Refund under inverted duty structure eligible. 

However, time limit for filing refund would be 2 years from the due date for furnishing of GSTR-3B for the period for which refund is being claimed. By this time the time limit would have expired.

[Kapil Gupta]

Hi ma'am,

Thank you for your reply, please let me know the case is eligible or not for gst refund if such ITC pertains to 2023-24.

[mk Jain]

Inverted duty structure also applicable and eligible for refund of 23-24.

MK

AI Summary

Inverted duty structure refund: accumulated input tax credit may be claimed but is subject to strict filing time limits. Refund of unutilised input tax credit is available under the inverted duty structure when inputs bear higher tax than outward supplies, but claims are subject to a two year filing limitation measured from the due date of GSTR 3B for the relevant period; earlier periods beyond that window are time barred while recent periods within two years remain potentially refundable.