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TMI BlogGST adjustment/refundX X X X Extracts X X X X X X X X Extracts X X X X ..... I had booked a house and the builder has raised an invoice in march 2019 and they paid GST to Government in March 2019. Later I did not like the house and decided to cancel in October 2019, now the builder is saying that he cannot refund the amount because he has already paid the GST in March 2019 and they could have claimed for a refund only before September 2019. That house was later sold to ano ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther individual and the builder is saying that they have paid the GST again for the same house. Please advise how I can get back the amount. - Reply By KASTURI SETHI - The Reply = Refund can be claimed within two years from the date of payment of tax under Section 54 (1) read with Section 54(8) (c) (e) of CGST Act . Either you or builder can apply for. If you apply for refund claim, you w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill get disclaimer certificate from the builder and attach with the refund application. - Reply By CAVenkataprasad Pasupuleti - The Reply = Yes. I endorse the views of Mr. Kasturi, either of you or builder can go for refund. - Reply By Pavan Mahulkar - The Reply = If You are unregistered under GST, Builder can't claim the refund...It will be the case of unjust enrichment.. Nor you could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim it, it will be credited to consumer fund... - Reply By KASTURI SETHI - The Reply = If buyer claims refund claim, no issue of unjust enrichment. - Reply By Pavan Mahulkar - The Reply = If buyer is ultimate unregistered Consumer, He Can't claim refund... - Reply By CAVenkataprasad Pasupuleti - The Reply = Registration is not a prerequisite for claiming refund. Developer shall return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the GST amount to the buyer and then apply for refund, then there would not be a unjust enrichment. Alternatively, buyer can claim refund directly. - Reply By KASTURI SETHI - The Reply = Yes. This method is full of legal force and has more practicability. - Reply By Chaitanya Smaran - The Reply = Thank you Sir, If I have to claim the refund please advise the procedure. - Reply By KASTURI S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ETHI - The Reply = Procedure is laid down in Board's Circular No. 125/44/2019-GST, dated 18-11-2019 . You are to obtain disclaimer certificate from the builder and the same is to be attached with the prescribed application FORM-GST-RFD-01 under Rule 89(1) of CGST Rules . - Reply By Chaitanya Smaran - The Reply = Sir, Iam an individual and not registered in GST. The circular says that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we have to apply for refund through GST portal only. Can I register now and then apply for refund? - Reply By KASTURI SETHI - The Reply = Visit the office of jurisdictional GST Range Officer for filing refund claim manually. - GST adjustment/refund - Query Started By: - Chaitanya Smaran Dated:- 28-2-2020 Goods and Services Tax - GST - Got 11 Replies - GST - Discussion Forum - Knowledge Shar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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