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Refund of itc due to inverted duty structure

23 August 2021

can I claim refund of itc accumulated due to inverted duty structure pertaining to april 2019? also is it possible for me to claim the refund of itc for period april 2019- march 2021as a whole?

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9 Replies

prasad Nilugal (3914 Points)
Replied 23 August 2021

I think you have to apply for refund , before expiry of two years from relevant date , month . please refer section 54 of CGST act 2017.

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CA Amit Shingala (PRACTICE) (164 Points)
Replied 23 August 2021

Right because to claim refund of gst u have to apply before the expiry of 2 years from relevant date

VIKAS ESNAPURAM (CA-JOB) (226 Points)
Replied 23 August 2021

The calculation of Two years from the due date for furnishing of return under section 39 for the period in which such claim for refund arises.

For April 2019 you should have filed/claimed it before the due date of filling 3B for April 2021,

For the second question, you can claim as a whole for one or more financial years but for that, you can do it from Aug2019 to Till date provided you are filling RFD 01 on or before the Due date of 3B for August which is 11th/13th of Septmeber or else you can file from sep2019 to till date.

Bhavika Kothari (CA) (1258 Points)
Replied 06 September 2021

GST Refunds can be taken only within two years of filing of return

Abhinav k (10 Points)
Replied 14 September 2021

Suppose a taxpayer sells an unbranded namkeen packet at the rate of 5percent .. can he claim refund ?.

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CA. Heet Shah (Tax Consultant & Practitioner) (6180 Points)
Replied 14 September 2021

The said point is under dispute as recently... The school has come up with judgment on same...

CA. Heet Shah (Tax Consultant & Practitioner) (6180 Points)
Replied 14 September 2021

Originally posted by : Heet Shah
	The said point is under dispute as recently... The school has come up with judgment on same...

School*SC

CA. Heet Shah (Tax Consultant & Practitioner) (6180 Points)
Replied 14 September 2021

You must be having output supply there can't bthe case of itc accumulation from so long

Sravan (Manager-GST) (26 Points)
Replied 14 September 2021

@ Vandana Sinha,

With regards to your second question of "is it possible for me to claim the refund of itc for period april 2019- march 2021as a whole?- No you can not claim a refund for Apr 19 to March 2021 in a single refund application however you can apply for the entire year in one application. so you need to file three applications for FY 19-20, 20-21 and 20-21 separately. Please refer Para 11 of CBIC Circular No.37/11/2018 GST.