Refer Circular No 79/50/2018 GST Dated 31st December 2018 : Clarification on refund related issues
| Product | GST Rate | Value | GST | Total GST |
| Output Y | 12% | 3000 | 360.00 | 360.00 |
| Total GST on Output (b) | 360.00 | |||
| Product | GST Rate | Value | GST | Total GST |
| Input A | 5% | 500 | 25.00 | |
| Input B | 18% | 2000 | 360.00 | 385.00 |
| Total GST on Inputs (a) | 385.00 | |||
| Refund Allowed of unutilized ITC (a-b) | 25.00 |
Calculation of refund amount for claims of refund of accumulated Input Tax Credit (ITC) on account of inverted duty structure:
Representations have been received stating that while processing the refund of unutilized ITC on account of inverted tax structure, the departmental officers are denying the refund of ITC of GST paid on those inputs which are procured at equal or lower rate of GST than the rate of GST on outward supply, by not including the amount of such ITC while calculating the maximum refund amount as specified in rule 89(5) of the CGST Rules. The matter has been examined and the following issues are clarified:
a) Refund of unutilized ITC in case of inverted tax structure, as provided in section 54(3) of the CGST Act, is available where ITC remains unutilized even after setting off of available ITC for the payment of output tax liability. Where there are multiple inputs attracting different rates of tax, in the formula provided in rule 89(5) of the CGST Rules, the term “Net ITC‟ covers the ITC availed on all inputs in the relevant period, irrespective of their rate of tax.
b) The calculation of refund of accumulated ITC on account of inverted tax structure, in cases where several inputs are used in supplying the final product/output, can be clearly understood with help of the following example:
i. Suppose a manufacturing process involves the use of an input A attracting 5 per cent GST) and input B (attracting 18 per cent GST) to manufacture output Y (attracting 12 per cent GST).
ii. The refund of accumulated ITC in the situation at (i) above, will be available under section 54(3) of the CGST Act read with rule 89(5) of the CGST Rules, which prescribes the formula for the maximum refund amount permissible in such situations
iii. Further assume that the claimant supplies the output Y having value of Rs. 3,000/- during the relevant period for which the refund is being claimed. Therefore, the turnover of inverted rated supply of goods and services will be Rs. 3,000/-. Since the claimant has no other outward supplies, his adjusted total turnover will also be Rs. 3,000/-.
iv. If we assume that Input A, having value of Rs. 500/- and Input B, having value of Rs. 2,000/-, have been purchased in the relevant period for the manufacture of Y, then Net ITC shall be equal to Rs. 385/- (Rs. 25/- i.e 5% on Rs 500) and Rs. 360/- i.e 18% on Rs 2000) on Input A and Input B respectively).
v. Therefore, multiplying Net ITC by the ratio of turnover of inverted rated supply of goods and services to the adjusted total turnover will give the figure of Rs. 385/-.
vi. From this, if we deduct the tax payable on such inverted rated supply of goods or services, which is Rs. 360/- i.e (12% on Rs 3000) , we get the maximum refund amount, as per rule 89(5) of the CGST Ruleswhich is Rs. 25/-.