Excess charged and deposited

[arun Kumar]

Dear Sir,

we are a supplier to Railways; in 2022 we supplied materials to them but charged wrongly excess amount without giving the agreed discount amt. Now the bills are being processed for payment, but the customer his calculated as per the agreement, which is below our invoice value. We have deposited GST, but now customer is calculated GST at lesser amount.

Accordingly, can we submit a revised invoice and claim back the excess GST deposited.

with warm regards

Arun Kumar

[Sadanand Bulbule]

In terms of Section 31(1)(a),revised invoice may be issued within one month against the invoice already issued during the period beginning with the effective date of registration till the date of issue of Registration Certificate. 

So in my opinion, you cannot issue a revised invoice.

[KASTURI SETHI]

After in agreement with Sh.Sadanand Bulbule, Sir I add as under :-

           (i)  Also read Rule 53 (2) of CGST Rules and Board's Flyer No.13 dated 1.1.2018.

            (ii) For filing refund claim, you must refund the amount to your buyer via Credit Note.

            (iii) For claiming refund of tax paid in excess, see Section 54 (8) (c) & (e) of CGST Act.

            (iv) Amount of tax paid in excess is just a deposit with Govt. and NOT tax. So time bar limit may not be applicable.

            (v)  Do not hope to get refund claim without litigation.

[Shilpi Jain]

Refund is the option that you should explore.

AI Summary

Excess GST deposit: issue a credit note and pursue statutory refund; expect procedural hurdles and possible litigation. Supplier overcharged GST and deposited excess tax; a revised invoice is not recommended as a remedy. The operative mechanism is to issue a credit note to the buyer and pursue refund of tax paid in excess under the statutory refund framework and procedural rules. Excess tax is treated as a deposit for refund purposes, which may influence time bar considerations. Practical and litigation risks exist in securing repayment, so a refund claim through the prescribed procedure is advised.