Friday, 3 March 2017

1. EXCESS PAYMENT OF TAX DUE TO MISTAKE OR INADVERTENCE :-

a) Such excess payment may be on account of:-
   -wrong mention of nature of tax (CGST/SGST/IGST).
   -wrong mention of GSTIN.
   -wrong mention(deposit) of  tax amount.

b) In first two situations i.e wrong mention of nature of tax and GSTIN, the tax administration is required to verify the taxpayer's claim of refund and therefore the taxpayer may file a refund application which should be decided within period prescribed under GST Law.

c) In the first and third situation i.e wrong mention of nature of tax and tax amount, the refund of excess amount of tax at the option of taxpayer would either automatically carried forward for adjustment against future tax liabilities or be refunded.

Interpretation:- If there is wrong mention of nature of tax then it can be adjusted.For ex- you have to fill CGST but you fill SGST, then you take credit of excess CGST in future tax liabilities and if there is wrong mention of tax amount then also you can take excess adjusted in future period but in case of wrong mention of GSTIN, you have only option to get refund of GST. 
  

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