In the 48th GST Council meeting, the finance ministry told “unregistered buyers can’t claim for refund of tax borne in a case like a contract for the supply of services where a house construction and long term insurance policy is been cancelled and the supplier’s time period of credit note’s allocation is over.
As most home buyers haven’t registered themselves under the GST law along with tax authorities. So regarding this, The GST Council said “we suggested the modification in 2017’s CGST Rules and also a decision to publish a circular with guidelines and procedures to file applications for a refund by the unregistered buyers.”
Tax Connect Advisor said “It is good consumer service for people who are buying houses under construction. For a person who bought a house worth Rs. 1 Cr during the under-construction period on March 31 and completed his GST payment of Rs. 5 lakh for it. And on December 17, he cancelled that deal.”
Later he told “Whereas the time period for builders to claim credit note has expired on November 30. So now the builder can’t pay back the GST amount to the consumer and he/she will lose the Rs. 5 lakh of GST paid amount.
As the chances of such cases are very less, the GST Council planned to directly refund that paid GST amount to the consumers from the government. And the procedure set up for this will take some more time.”
Economic Laws Practice Partner said “To get the refund under the GST law, the refund application can be applied within 2 years from the date of tax payment or the receipt of the services.
The other option left can be followed by the developer. However, as per the unjust enrichment principle, a developer can apply for a refund only if the respective tax has been paid back to the consumer.”
