Good morning 🌞..
I solicit your considered opinion on following three queries :
1. GST paid by unregistered dealer on input supplies can be taken as refund from the department
2. If GST rate on supplies is higher than GST rate on output supply, whether the differential ITC available and unutilized can be taken as refund from the department
3. if GST is paid on input supply by a composition dealer, whether the GST paid on input and lying unutilized can be taken as refund
Thank you
Hi Mr. Pankaj
The replies to your queries are as follows:-
1. As per the GST Act, 2017, the benefit of ITC paid on input supplies cannot be availed by unregistered persons and the composition dealers, therefore, the GST paid on input goods and services forms part of their cost.
2. Yes, a refund is allowed and can be claimed from the department. It is called a refund on account of the Inverted Duty structure. For any assistance in filling a refund, mail me at casoravgupta @ gmail.com.
3. Same as Point 1
In case of any further queries, kindly mail me at casoravgupta @ gmail.com
Thanks & Regards
ACA. Sorav Gupta
(Practicing Chartered Accountant)
CAclubindia
