TaxTMI 
TaxTMI 
Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification
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....., CCST's Ref. CIRCULAR Computer No.1795600 File No.REV03-12039/129/2022-DC- CCT 29/07/2022 Subject: Clarification on issue of claiming refund under inverted duty structure where the supplier is supplying goods under some concessional notification - reg. Ref : Circular No.173/05/2022-GST, dated 06-07-2022 issued by the Principal Commissioner (GST) Government of India, Ministry of Finance, Depar....
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....0 it was clarified that refund on account of inverted duty structure would not be admissible in cases where the input and output supply are same. Para 3.2 of CCST Circular No. 11/2020(State), dated 08.09.2020 is reproduced, as under: " Refund of accumulated ITC in terms clause (ii) of sub-section (3) of section 54 of the APGST Act is available where the credit has accumulated on account of rate ....
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.... rate of tax on input supply (of the same goods) at the same point of time due to supply of goods by the supplier under such concessional notification. 4. Therefore, it is clarified that in such cases, refund of accumulated input tax credit on account of inverted structure as per clause (ii) of sub-section (3) of section 54 of the APGST Act, 2017 would be allowed in cases where accumulation of in....
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....t tax rates at different points in time, do not get covered under the provisions of clause (ii) of the first proviso to subsection (3) of section 54 of the APGST Act. 3.3 There may however, be cases where though inputs and output goods are same but the output supplies are made under a concessional notification due to which the rate of tax on output supplies is less than the rate of tax on inputs....