Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 21 September 2020
Inputs subject to tax at a higher rate than the rate applicable on outward supplies of goods or services commonly known as ‘inverted duty structure’ could result in a situation where the registered person has accumulated input credit. Under the provisions of the first proviso to sub-section 3 of Section 54 of the CGST Act a registered person may claim refund of unutilised input credit where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on outward supplies, other than nil rated or fully exempt supplies.
As per Rule 89 , the refund can be claimed by following formula:
Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC ÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods “Net ITC” means input tax credit availed on inputs and input services during the relevant period; “Adjusted Total turnover” means the turnover in a State or a Union territory, as defined under clause (112) of section 2, excluding the value of exempt supplies other than zero-rated supplies, during the relevant period;
Procedure :
1. File application in form RFD01 through common portal.
2. The application shall be accompanied by a statement containing the number and the date of the invoices received and issued during a tax period .
3. Need to upload GSTR 2A of Relevant period.
4. Statement of Invoices ,-Annexure B.