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TMI BlogExcess payment of taxX X X X Extracts X X X X X X X X Extracts X X X X ..... Excess payment of tax X X X X Extracts X X X X X X X X Extracts X X X X ..... er in the month of March we realised that we should obtain Separate GSTIN No in all the states and we had filled the return for the respective state. Now we want to claim the refund which we have paid in karnataka for other states. So, my question is under which provision i can can claim the refund Reply By KASTURI SETHI: The Reply: If you have not passed on incidence of tax to your buyer/servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce recipient, you can apply refund claim under Section 54 (8)(e) of CGST Act. [FORM-GST-RFD-01[See rule 89(1)] Application for Refund Reply By Ganeshan Kalyani: The Reply: Otherwise the excess paid GST can be utilized against GST liability that may arise in coming months on outward supply in the state of Karnataka. Reply By KASTURI SETHI: The Reply: I agree with Sh.Ganeshan Kalyani Ji but clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming refund is safe, though cumbersome. Reply By Rajendra Prasad: The Reply: Dear Sir, Please clarify. For 2017-18 FY I can not revise the invoice now. To claim the refund I should have the balance on my credit ledger. Then how can I apply the refund ? I did not get how to get refund when balance is not there in my ECL ? Thanking you Reply By KASTURI SETHI: The Reply: Q.For 2017-18 FY I ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n not revise the invoice now. To claim the refund I should have the balance on my credit ledger. Then how can I apply the refund ? A. You are thinking wrongly. Why balance is required in ECL ? You have paid tax in excess and such payment might have been paid through Electronic Credit Ledger or Electronic Cash Ledger. If not collected from the buyer or returned to the buyer through Credit Notes, y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ou can claim refund. I mean to say refund claim must not be hit by the principles of unjust enrichment. Balance in ECL is required only if you want to claim refund on the ground of accumulation of unutilized credit because of export or inverted duty structure. In the situation explained by you, if you have paid GST in excess through ITC account, you will get refund by way of re-credit and if you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have paid GST in cash, you will get refund in cash by way of electronic transfer to your bank account.
Only condition is that such claim is not hit by unjust enrichment. X X X X Extracts X X X X X X X X Extracts X X X X
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