ITC availment on RCM paid on royalty for mining lease for extraction of sand.

[UPENDRA PANDYA]

Hi, I would like to get some advice and guidance on the current issue of GST of 18% to paid as RCM in mining lease. My question is Can we claim or can avail the Input tax Credit (ITC) on RCM of Royalty for minerals paid to government for the current Filing period?(For F.Y. 2024-25). In table 3 of GSTR 3b we are paying the RCM of 18% on Royalty for the month and paying the RCM in Challan and at the same time we are adjusting or treating it as ITC in table no. 4 of gstr3b return and setting off this ITC (18%) against Sale of sand @ 5% GST rate.

Because if I remember correctly, as per the last judgment passed by the Honorable court , has mentioned that refund cannot be claimed back for inverted rate structure. under this case. So setting of this 18% ITC is it allowable as per rules?

I would be happy to receive the Guidance.

AI Summary

Input tax credit for reverse charge royalty can be claimed but not refunded or used to offset lower-rated output tax.
Whether ITC may be availed on GST paid under RCM on royalty for sand extraction and used against lower-rate output tax. One advisory response affirms entitlement to claim and utilise ITC of RCM-paid GST on royalty. Participants flag that RCM tax may exceed output liability for lower-rated supplies, creating unusable excess ITC, and note royalty already paid cannot be refunded; RCM-paid tax can be claimed as ITC but output tax must be met from regular ITC or cash and not by reassigning RCM tax.