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GST - EXCESS PAYMENT OF TAX

subrahmanyam (Sr.Accounts Officer) (59 Points)

30 May 2020

Hi,

Good Evening to All,

We are operating Security Agency (Sac Code 998525) which is RCM applicable from 01-01-2019, whereas we billed to the client (PSU) regular bill ( Taxes) and he accepted the bill. Thenafter we have filled GSTR3B(With Payment of Taxes), GSTR1 as regular basis.

After 2 months client informed the bill need to change as RCM. The Taxes paid by Recipient Only.we have amended the invoice and gave to client.

My Question is How to refund the excess payment of taxes (RCM Invoices)

what is the process to claim.

Please tell anybody ..

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2 Replies

Shivam RC (Student) (23683 Points)
Replied 30 May 2020

You have to file FORM GST RFD 01 electronically which should be accompanied by a statement showing the details of the amount of claim on account of excess payment of tax.

Refer the Provision of Section 54 of the CGST Act 2017 read with Rule 89 of the CGST Rules 2017 to know more regarding REFUND matter.

Regards.

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Himanshi Garg (Ca Article) (354 Points)
Replied 30 May 2020

As per Notification No. 29/2018-Central Tax (Rate) dated 31.12.2018. with effect from 01.01.2019, any registered person receiving Security services from any person other than a body corporate is required to pay GST on RCM basis.

So, first of all your client is required to pay GST under RCM only if you are Proprietorship firm or a Partnership Firm or a HUF.

Secondly, if you have now issued them Revised Invoices then all your Returns of 2 months got wrongly filed. This will lead to a litigation.

Thirdly, if you have collected the tax amount from your client but now you have revised the invoices, then you have to return back the amount of tax to your client.

Fourthly, if we put those mistakes in Returns aside, then your client has to first Deposit the tax under RCM in his following return for the previous 2 months on which he had not paid any tax under RCM.

Only after your client has deposited the same and disclosed the same in his Returns then you can proceed to file Refund Application RFD 01 on your common portal under the category of Excess payment of tax.

Procedure to file RFD 01 is as follows:-

Select the Refund tab-> Application for Refund Option.

Select the type of refund and Fill the necessary details and submit. ARN number gets generated.

Later take a print out along with the ARN number mentioned thereon.

Submit this along with the applicable annexures to the respective Jurisdictional GST officer.

The Officer can be Central tax authority or State/UT tax Authority as may be notified for processing of refund shall be intimated through the Acknowledgement in RFD-02

Note:- Remember to check the bank account in your Registration. Because the refund will directly be sanctioned to your registered bank account. If the same is required to be changed then file REG 14 first and then proceed to file RFD 01.

Hope you find it helpful 🙂

Thanks

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