GST refund claim on Purchase of Commercial Building

This query is : Open

Manivel M (Querist)
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07 January 2025 Dear Experts,

Pl guide and share any case law regarding our issues on below...

we ( company ) are purchased a constructed building in SIPCOT from seller on Nov 2023 and received purchase GST invoice from seller with GST @ 18%. we have paid invoice value to buyer and he is paid the same to govt a/c. the buyer has completed , his GST returns by GSTR1 & GSTR3B also in against this sale invoice. it's reflecting our GSTR 2A & 2B also.

the seller has closed their businesses and surrendered his GSTIN in Feb 2024. in our statutory audit, we found the GST is not applicable to purchase on building as per GST act. So we wrongly paid GST to seller and the seller has paid collected GST amount to govt. account. since we have filed the refund claim of GST paid on tax. the taxpayer ( seller ) there is no longer on business, due to cancelled their GSTIN now. henceforth, the seller can't file any claim with GST dept regarding on this.

our GST dept has rejected our refund claim, due to buyer not eligible to claim this refund. as buyer not directly paying tax to govt. accounts. the seller only eligible to claim, as his is directly paying tax to govt. accounts.

in this case, pl guide and share , if any case law with similar cases. further, we are going to file appeal against this rejection order.

regards
Manivel M