Refund of GST tax on excess payment due to mistake or inadvertentce

 

What is Goods and Service Tax (GST)

GST, frequently asked Questions

Refund of GST tax on excess payment due to mistake or inadvertentce

Refund of GST tax on excess payment due to mistake or inadvertentce(A) EXCESS PAYMENT OF TAX DUE TO MISTAKE OR INADVERTENTCE:

i) As the heading suggests, it refers to the situations where the tax payer has made excess payment of tax either by mistake or by inadvertence resulting in more payment of tax than due to the Government. Since the tax that has been paid is in excess, which was actually not required to be paid, the same should be refunded to the taxpayer.

ii) Such excess payment may be on account of:-

a) wrong mention of nature of tax (CGST / SGST / IGST),

b) wrong mention of GSTIN, or

c) wrong mention of tax amount.

 

iii) In first two situations i.e. in case of wrong mention of nature of tax (CGST / SGST / IGST) or in case of wrong mention of GSTIN, the tax administration is required to verify the correctness of the taxpayer’s claim and therefore the taxpayer may file a refund application which should be decided within a period to be prescribed by the GST Law.

iv) A dealer is required to make tax payment on two accounts i.e. payment linked to a return or payment in response to a specific demand arising out of audit, etc. The IT system should be in a position to make a distinction between these two type of payment. Perhaps the payment challan may have a field to select the purpose of payment.

v) The GST Law Drafting Committee / Payment Committee may decide as to whether the payment is to be made tax period wise or a system of Personal Ledger Account (PLA) is to be used. Maharashtra has suggested that Kerala model of return cum challan may also be examined by the GST Law Drafting Committee / Payment Committee.

vi) In the third situation i.e. where the amount has been mentioned wrongly, the refund of excess amount of tax, at the option of the taxpayer, would either be automatically carried forward for adjustment against future tax liabilities or be refunded on submission of application (return itself can be treated as a refund application) by the taxpayer. The automatic carry forward would be allowed if the excess payment was made against a return and not against any other liability. The GST Law may provide for automatic set off if the excess payment of tax is not on account of interpretation of notifications, application of exemptions etc., i.e. the excess payment is not on account of difference of opinion between the tax administration and the taxpayer. The GST Law may also lay down the time limit within which the excess amount of tax, as reflected in the return filed by a taxpayer for that relevant period, can be re- credited suomoto and can be utilized by the taxpayer for payment of future tax liability.

vii) The refund may be on account of CGST, SGST or IGST as the case may be.

Click here to know GST rate on Goods and Services

GST Exemption list of goods and services

Find HSN number or Service tariff code for GST

GST registration guidelines

Indian GST Laws

How to export your goods?

How to get GST refund amount sanctioned

Are there any minimum amount fixed under GST refund?          

How long will take to get refund of GST

How many copies to be submitted for refund of GST

Proof of receipt of GST refund application

Documents required to claim refund of GST tax

Time period to file for GST refund

GST refund forms

GST refunds to International Tourists

Refund of GST on year end or volume based incentives

Refund of GST on carry forward input tax credit

Refund of GST on tax credit on inputs

Refund of GST to CSD canteens, para military forces canteen etc

Refund of GST tax on deposit under investigation

Refund of amount deposited for GST appeal

Finalization of provisional assessment under Goods and Service Tax refunds

Refund of GST tax on excess payment due to mistake or inadvertentce

When does GST tax to be refunded?

GST refund for deemed exporters

Documents required for GST refund for service exporters

Verification of documents for refund of GST to exporters

Refund of GST to Exporter, Documents required to be enclosed

Process of GST refund to Exporter

How to get refund of GST tax paid by an Exporter?

What is GST Tax rate for Exports

GST and Exports, how is taxes reimbursed on Exports?

Adjustment of GST refund amount

Does GST refund amount attract interest?

 

Non receipt of Cargo Arrival Notice, Can importer sue against shipping company
OBJECTIVES OF CUSTOMS CONTROL for EXPORT GOODS
OBL not released OBL not surrendered no telex release
Payment procedures in Triangular exports
Who is Stevedores
Who receives the amount of auctioned / resold imported unclaimed/un-cleared goods?
Why demurrage/detention waiver period is required at destination for import
Why do carriers balance weight and volume while charging freight amount in Exports?
Why does Palletization require?
Why labeling and marking in Export business?
The term FCL. What is FCL means
The term LCL. What does LCL mean?
Tips to exporters on Documentation
How does First Appraisement system of import customs clearance procedures work?
How does Letter of Credit work?
How does STP units work in India?
How does TT (Telegraphic Transfer) work?
Transferability of Bill of Lading
Transhipment - A redefinition
Travelers to India under import duty exemption, Frequently Asked Questions Part 2
Triangular shipment


Comments


Prabhat thakur: How to recover or refund the wrongly paid SGST and CGST in place of IGST for an individual persons on renting of immovable property services?

Nilesh: Payment of CGST/SGST MADE UNDER THE HEAD CESS BY MISTAKE .How to rectify the error. Plz advice.

DISHANT ARORA : Wrongly payment of cess. What I do for refund

Dheeraj Aggarwal: Wrongly payment under head Cess, how to claim back?

rajendra arora: I have deposited cess instead of sgst how to transfer the amount from cess to sgst please guide

Rajendra arora : Have wrongly deposited gst in CESS. Instead of SGST How to adjust ?

Bhalchandra Bhor: I have deposited cess instead of sgst how to transfer the amount from cess to sgst please guide

sheena arora: Hi, I have wrongly deposited cess instead of IGST. Please guide what can be done now

kashid s s : I have deposited cess instead of sgst how to transfer the amount from cess to sgst please guide

Nagaraj G: Hi I have wrongly paid CESS instead of SGST. Kindly advise what is the process of challan correction. If challan correction is not allowed, please advise on the procedure of claiming refund. Thanks Nagaraj G

Abhishek : I have deposited the tax. but it has been deposit in wrong head it should be deposited in IGST but deposited in CGST head . what should i do now.

P.RAJENDRAN: I have deposited cess instead of sgst how to transfer the amount from cess to sgst or igst , please guide

pattabiraman: I have wrongly paid CESS instead of SGST. Kindly advise what is the procedure to re adjust the amount from CESS to SGST. KINDLY TELL THE PROCEDURE Thanks and Regards

nagesh talari: Hi all, we have two companies, one of them have almost no returns.another one have the returns, but mistakenly I open the first companies gst account and I filed the gst from second account of huge amount....how can I get refund and how much time it will taken...please help me

DHRUPAL SHAH: Hi I have wrongly paid CESS instead of SGST. Kindly advise what is the process of challan correction. If challan correction is not allowed, please advise on the procedure of claiming refund. Thanks

SANJAY MEHTA: I BY MISTAKE PAID GST CESS PAYMENT SO HOW TO REFUND THIS AMOUNT

shikhare: Hi I have wrongly paid CESS instead of SGST. Kindly advise what is the process of challan correction. If challan correction is not allowed, please advise on the procedure of claiming refund.

Tatan Ghosh: Wrongly deposited get in case, instead of SGST. How to adjust ?

s.karthik: i am actually amount paid in late fees but i am paid in tax for cgst and sgst so please help me to offset liablity

sana: how to certify to rfund back amount which has been wrongly deposited on cess instead of sgst

Discussion Forum

You can also share your thoughts about this article.
Any one can answer on question posted by Readers