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Excess GST Paid, Goods and Services Tax - GST

Issue Id: - 112377
Dated: 18-7-2017
By:- Kishan Barai

Excess GST Paid


  • Contents

When a company pay Excess GST to government i.e at the time of purchase raw materials 18% GST & at the time of sale 5% GST recovered from Customer

What are options available ??

Can excess GST paid could be use to pay IGST at the time of Imports ??

Posts / Replies

Showing Replies 1 to 6 of 6 Records

Page: 1


1 Dated: 18-7-2017
By:- KASTURI SETHI

In construction service, overflow of ITC will lapse.


2 Dated: 18-7-2017
By:- Kishan Barai

Thanks for replying

What about other then construction services ??


3 Dated: 18-7-2017
By:- KASTURI SETHI

Actually in rates of GST for services against the construction service, the remarks,"No refund of overflow of ITC" have been given. When rate of input is higher and rate of output service is lower, ITC is to be accumulated so Govt. has given remarks. No such remarks against any other service has been found.


4 Dated: 18-7-2017
By:- KASTURI SETHI

Sh.Kishan Barai Ji,

Virtually there is no bar in utilization of ITC. In case assessee is unable to utilize due to any reason, unutilized accumulated ITC would lapse. For example ; Closure of business and other factors.

Now in GST regime, ITC can be utilized in course or furtherance of business only. Hence in my view ITC cannot be used for even pre-deposit, and deposit of Govt. dues arising out of Order-in-Original, Order-in-Appeal, CESTAT's Order,Court's order etc. In pre-GST era, Cenvat credit was allowed for all such purposes.CESTAT used to accept pre-deposit through Cenvat account. Now the words, "In course or furtherance of business" have different connotation for the purpose of ITC. The whole scenario stands changed with an intent to plug the leakage of revenue.This will curb the ITC earned through fake docs, if any.


5 Dated: 18-7-2017
By:- Kishan Barai

Thank You Sir Ji


6 Dated: 20-7-2017
By:- MARIAPPAN GOVINDARAJAN

If it is excess payment, it could not be adjusted against any sort of tax. It can be got refunded.


Page: 1

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