GST REFUND ITC LAPSE

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bhavin (Querist)
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15 March 2022 I want start claim refund of inverted ITC accumulate for year 2020-21 . it is compulsory to lapse of previous year (2017-18, 2018-19, 2019-20) ITC before filling refund application.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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07 July 2024 For claiming refund of inverted input tax credit (ITC) accumulated during the financial year 2020-21, it's important to understand the rules regarding the lapse of ITC from previous years. Here's a detailed explanation:

1. **Accumulation of Inverted ITC:** Inverted ITC refers to a situation where the rate of tax on inputs (purchases) is higher than the rate of tax on outward supplies (sales). When such ITC accumulates, businesses can claim a refund under GST.

2. **Preceding Tax Periods:** According to GST rules, before claiming a refund for inverted ITC of a particular financial year (e.g., 2020-21), any unutilized ITC from preceding tax periods must generally lapse. This means you cannot have any unutilized ITC from the financial years prior to 2020-21 that could be carried forward and claimed as refundable ITC for the current period.

3. **Lapse of Previous Year's ITC:** Specifically, if you are claiming refund for the financial year 2020-21, any inverted ITC from all the financial years should ideally be lapsed or utilized for payment of GST liabilities or other eligible purposes before filing the refund application for 2020-21.

4. **Documentation and Compliance:** Ensure that you have all necessary documentation to support your claim, including details of inward supplies (purchases), GST paid on those purchases, and the GST rates applicable to your outward supplies (sales).

**Filing the Refund Application:** Use the appropriate form (usually RFD-01) to file for refund of inverted ITC for the financial year 2020-21. Ensure that the application is complete and accurate, with all required fields filled in correctly. The application should be filed within the prescribed time limit after the end of the relevant financial year.

**Verification and Processing:** Once filed, the GST authorities will verify the application and supporting documents. If everything is in order, the refund amount will be processed and credited to your bank account.

**Professional Assistance:** If you are unsure about the process or have complex situations regarding ITC accumulation, consider seeking assistance from a GST practitioner or tax consultant who can guide you through the specific requirements and ensure compliance with GST regulations.

By adhering to these guidelines and ensuring compliance with GST rules, you can effectively claim refund of inverted ITC accumulated during the financial year 2020-21 without any issues related to the lapse of ITC from previous years.