There is always a doubt as to how a taxpayer can withdraw its remaining tax balance left with the government in case he chooses to cancel its GST registration. Many times it is left with the government while there are some options which may be considered. Let’s go through some example and study their case related to the ITC return:
A computer shop owner had a query regarding its ITC as he wants to shut down its business due to losing and wants to cancel the registration. He had 50 thousand or more in its credit ledge account and he is in question as to how he can withdraw this ICT from its account and get back his money.
The most considerable answer for this question might be that he must apply for cancellation of registration under Section 29(1) of the CGST Act, 2017 read with Rule 24(4) of CGST Rules, 2017. As per Section 29(5) of the CGST Act 2017, the registered taxpayer must pay a considerable amount when the registration is cancelled, by the means of debit in the electronic cash ledger which must be equal to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock, or capital goods or plant and machinery, on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher.
In another case of taking back the input tax credit for the goods not sent, there are two queries which have to be solved. 1st query states, Can one claim a refund of output tax which has already been paid? and in the 2nd query, it is asked, Does ITC, claimed against the said sale, have to be reversed?
Now coming to the answer of both these questions, there is a straight provisions including an issuance of credit note in accordance with Section 34 of the CGST Act, 2017 read with Rule 53 of the CGST Rules, 2017, seeking reduction of output tax liability in accordance with Section 43 of the CGST Act, 2017 read with Rule 73 of the CGST Rules, 2017. Also one must not that the ITC is not available with respect to the destroyed goods as mentioned in the provision with Section 17(5) (h) of the CGST Act, 2017.
Read Also: Step By Step Guide: GST Registration Online for New User on GST Portal
We have ITC credit on purchases but have stopped operations and there has been no sale. Can we apply for cancellation of GST registration? What do we with the ITC credit?
You can Claim as refund for Existing ITC credit
Dear Sir
My registration has been cancelled and i have Rs 5lacs as ITC and Output tax as Rs 32lacs. Can i transfer my ITC to my another GST Number having Different State?
No Sir, Currently this facility is allowed in Cash Ledger balance only in PMT-09 form.
we are purchase from party 2018 Jan. and we claim input and all ok but now the GST department
telling you paid tax for avail GST input due to cancel GST form the seller for suomoto from 2017.
but the party filed a return up to march 2019.
“Please consult GST practitioner for the same”
we have not taken credit of gst in gstr 3b, we have taken purchase in our books. and not gst registration is surrendered paying tax in last period. how can we take refund of gst not claimed in gstr 3b
By filing RFD-01 Form
My GSTIN was cancelled during August 2021 by Deptt. due to the non-filing of pending returns, which came to our knowledge only during Nov.2021. On appeal, GSTIN was again validated on Nov.21. Sir, how can I claim ITC earned on my purchases during Sept./Oct,2021?
Once dept. validated your GST no. you can claim previous period ITC in your upcoming GSTR 3B
How can claim the refund of balance lying in Electronic credit ledger.The provision regarding refund under inverted duty structure and export not applicable in my case.
“When the taxpayer wants to claim a refund for any reason, for which there is no specific refund application available in the refunds section. Then taxpayer needs to click on “Any Other” ground of reason and specify his reason in the refund application while filing a refund.”
Dear Sir/Madam,
I have decided to wind up our shop due to losses, we have also stock of 7-8 lacs. Can I claim a refund of my ITC?? without transferring of stock or without selling of Stock??
No first you have to file GSTR 10 (final return), then only you can proceed further
I have Cancelled my GSTN but there has been a credit in my Credit Ledger, how can I now reverse my Balance ITC in Ledger even after cancellation of my GSTN
File GSTR -10
Hello,
I had a business registered with GST since April 2019 I have not filed any return since the business was closed, my ITC in the credit ledger is around 6 lacs is there any way possible that I can claim the refund or encash the balance ITC.
Please email me with respect to the matter mentioned.
Regards
Sir, Have filed your GSTR 10 for the same?
We are going to wind up our business but we have gst input tax credit on purchases made and there are stock with us
can we get the refund of input tax credit available in the gst portal
First you have to file GSTR 10 for the settlement of Balance ITC
Suppose we have a genuine GST Refund of last year and now we are closing down our business
and the department also knows that we have closed so are we eligible to get the GST refund of last year and if yes
Which section or document we can quote to the department to get the refund as department Thanks
You can claim the same by Filing GSTR-10
Department closed the Firm wef 31-01-2020 in March 2020 which we came to know in the Month of May 2020 when offices opened after Lockdown. We have filed a closure application in the month of July 2018 but as it was not closed even after 9 months we started to file the pending returns from Oct 2017 to March 2019 in the month of April 2019 and were regularly filing all the returns till Jan. 2020.
Dept. person closed the firm without any intimation or message or without checking that Input balances amounting to Rs 98756 were available in the Credit Ledger. Business is of Travels and so Input of a Car Purchased for the business of Travel is lying.
The dept. person informed to file Refund form RFD 01 but now they denying the refund. What can be done now?
Also to be mentioned that the closure date is effective from 31-01-2020 and not that from the Month of Original Application filed of July 2018.
“Please contact to GST practitioner”
what I need to do I cancelled GST Registration in 19/12/19 but still, ITC electronic ledger balance is showing which is ₹48480 in GST portal. I closed my business before 2 months. I started business in September in 2018 and I was doing return filing with tax Sep-18 to April-19. After April-19 I started to do nil return till October after October-19 return filed I requested for Gst cancellation on 19-12-2019 now what should I do sir/ma’am in this situation if GST registration has cancelled. please notified me
File GSTR-10 (Final Return) to settle the ITC claim
What about service providers? How can they claim the refund of ITC from credit ledger on cancellation of GST registration because turnover has been less than 20 lakhs?
We are such service providers who have accumulated close to 18000 in ITC due to lesser sales and more purchases in March. How can we claim the refund before applying for cancellation of the registration?
You can claim the refund of balance under ITC ledger by filing GSTR-3 for the concerned tax period.