TaxTMI 
TaxTMI 
My CA filed gst to a wrong state
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....y CA filed gst to a wrong state<br> Query (Issue) Started By: - Sasidhar D Dated:- 25-3-2025 Last Reply Date:- 28-3-2025 Goods and Services Tax - GST<br>Got 8 Replies<br>GST<br>Dear Sir, SBI is my tenent who pays monthly rent with input GST tax. My CA has been filing my gst returns for wrong sbi gst ID in Telangana instead of correct sbi gst vendor ID of Andra Pradesh. I did not receive any not....
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....ice from official GST department. However, my tenent, sbi has put a bank lien and is about to recover the gst error amounts paid to Telengana since 2022. My tenent, sbi, did not send any notices from 2022 regarding this gst filing error. Two weeks ago, sbi sent me the following notice. "We hereby inform you that you have submitted monthly invoices with your GST 37AFFPD0364L2ZH on our Bank GST 3....
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....7AAACS8577K1ZO towards the proportionate payment of monthly rent of SBILD Tirupati since 29.01.2022 to till date. Based on the invoices submitted by you, we have paid the rent along with the GST amount for the above period. Of late, it is informed by our Corporate Centre, we have not received any Input Tax Credit from your GST 37AFFPD0364L2ZH. We have verified the GSTR-2A returns and did not find ....
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....any GST filed on our Bank GST 37AAACS8577K1ZO for the above period and we found that you have filed the GST returns with wrong GST 36AAACS8577K1ZQ. As per GST guidelines, our Bank is entitled to claim the 50% Input Tax Credit from the Government on the GST amount paid to vendor. Hence you are advised to pay the tax amount of Rs. 4,92,883/- within one week to our SBI LD Tirupati which is 50% of the....
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.... GST amount Rs. 9,85,765/- paid to you from 29.01.2022 up to 31.03.2024 as per the invoice dates. You are also advised to verify the invoices from 01.04.2024 to till date and rectify GST Returns as per the invoices with the mentioned GST number 37AAACS8577K1ZO of our bank which enable us to avail the input tax credit." Questions: * Now that, I have paid twice my gst returns ( once wrongly to Te....
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....langana state) and now, second time, SBI is about to collect this gst error amount for second time. What are my options (solutions) to resolve this issue. I also do not mind hiring a good gst consultant who can help me with this issue. Trillion thanks for your input. Reply By Shilpi Jain: The Reply: For FY 24-25 you can amend your GSTR-1 to mention the correct supplier GSTIN and that should b....
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....e enough. For other years, pls check whether the TS registration of SBI has taken ITC. If they have taken then ask them to reverse. Also where is the property located? what is the PoS that you have considered for this transaction - additional facts required. Consider for the past to apply for refund. This can be advised based on further facts. Reply By KASTURI SETHI: The Reply: Dear Querist, ....
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.... (i) Peruse Board's Circular Nos. 183/15/2022-GST dated 27.12.22 and 193/05/2023-GST dated 17.07.23. Read full contents thoroughly. (ii) Ministry of Railways (Railway Board) Letter No. TCR/1078/2017/25 dated 3.4.2018 (Will be helpful) (iii) The following judgements will be very very helpful :- (a) 2024 (7) TMI 1442 - PATNA HIGH COURT - Kamladityya Construction Pvt. Ltd. (b) 2023 (11) TMI....
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.... 1012 - KERALA HIGH COURT (c) 2023 (10) TMI 927 - ALLAHABAD HIGH COURT (d) 2023 (8) TMI 308 - GUJARAT HIGH COURT (e) 2023 (1) TMI 499 - KARNATAKA HIGH COURT (f) 2022 (11) TMI 323 - JHARKHAND HIGH COURT Reply By Sasidhar D: The Reply: Dear Shilpi Jain ji, Greetings. Trillion thanks for taking your valuable time in responding to my query on the forum. FY 24-25, GSTR-1 amended with correc....
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....t supplier GSTIN and issue is resolved for FY 24-25. I have asked SBI if they have taken ITC in Telangana from 22-24. SBI did not providing any clarify on this matter. Pos is located in Tirupati, Andra Pradesh. We have made an error in my gst filings and paid to sbi gstid in Telangana. I hope to have answered all your questions. Lastly, sbi is about to collect the gst error amount from 2022 t....
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....o 24 (via bank lien) Rs. 4,92,883. Question is Andra Pradesh GST board potentially can give me a notice in the future while I paid my SGST (by error) to Telangana instead of Pos in Tirupati, Andra Pradesh. I have already paid once (may be an error to a wrong TS state), now, SBI is taking second payment. I could potentially get a 3rd notice from AP GST board on the same issue. ....
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....I seek your expert option to protect myself and possibly get refund for the paid gst taxes to TS. Thank you again for your insight on this matter. Infinite gratitude!!! Reply By Shilpi Jain: The Reply: If SBI has already taken credit - ask them to trfr to the correct branch. If they have not taken credit - you have no recourse unless they have not informed you of this error in the past by whe....
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....n you could have rectified it. Possibility of legal proceedings against SBI can be seen. But amount is not too huge. Dept notice issue - u want to avoid this go for refund of wrong tax by paying the right tax. Reply By KASTURI SETHI: The Reply: On request of one of the visitors of TMI, I am posting full text of the abovementioned case laws :- 2024 (7) TMI 1442 - PATNA HIGH COURT - K....
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....AMLADITYYA CONSTRUCTION PVT. LTD. Versus STATE OF BIHAR Reply By KASTURI SETHI: The Reply: 2023 (10) TMI 927 - ALLAHABAD HIGH COURT - SHREE KRISHNA TRADERS Versus STATE OF U.P. Reply By KASTURI SETHI: The Reply: 2023 (8) TMI 308 - GUJARAT HIGH COURT - SOHILBHAI SDDIQBHAI AADMANI Versus SUPERINTENDENT OF CENTRAL GOODS & SERVICES TAX 2023 (1) TMI 499 - KARNATAKA ....
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....HIGH COURT - WIPRO LTD. Versus ASSISTANT COMMISSIONER OF CENTRAL TAXES, BENGALURU Reply By KASTURI SETHI: The Reply: MAHALAXMI INFRA CONTRACT LTD. Versus GST COUNCIL - 2022 (11) TMI 323 - JHARKHAND HIGH COURT <br> Discussion Forum - Knowledge Sharing ....