What is Inverted Duty Structure Refund and who can avail it Under GST?
Inverted Duty structure is the condition where tax rate payable on inputs is higher than tax rate charged on output of sales. When the input credit has been accumulated on account of inverted tax structure, but supplies of labor and products or both as might be told by the public authority on proposal of the council, then a registered person is eligible to claim refund of such accumulated ITC.
According to 54(1) of the CGST Act, a taxable registered person can apply for refund within 2 years from the date of filing of return.
PROCESS OF CLAIMING REFUND UNDER INVERTED TAX STRUCTURE UNDER GST
An enlisted citizen might guarantee a discount of unutilized input tax reduction toward the finish of any expense period for which the credit by virtue of the pace of information sources being higher than the paces of duty on yield supplies.
2. Take the Print out of the filed application along with ARN receipts
3. Submit the printed documents along with other relevant supporting documents to the jurisdictional authority unless online return is not allowed
EXCEPTIONS WHERE REFUNDS CANNOT BE CLAIMED
1. Yield supplies are nil appraised or completely excluded supplies aside from provisions particularly informed by central government on recommendation of General Counsel
2. On the off chance that the merchandise sent out of India are liable to trade Duty
MAXIMUM AMOUNT OF REFUND
The most extreme sum that can be discounted is [(Turnover of transformed appraised supply of labor and products) x (Net info tax reduction/Adjusted aggregate turnover) – Tax payable on such inverted rate of supply of goods and services
ISSUES AND CONTENTIONS
An assembling industry might have different contributions with variable duty rates. In this case it is difficult to correlate the outputs with the inputs. Hence the result is in the inaccurate computation of refund amount.
Author- Adv.Shivam Kumar
Legal and content Executive, Taxblock India Pvt. Ltd