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GST Refund for Unregistered Person: When a Cancelled Contract Lets You Claim

Section 54(1) allows "any person" to claim a refund of tax within two years of the relevant date, and s.54(8)(e) pays the refund directly to a person who has borne the tax...

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GST
Published
September 30, 2026
Last updated
Oct 1, 2026
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6 min
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Last updated: October 2026Applies to: FY 2026-27Verified against: Government sources

An individual who is not registered under GST cannot normally claim a refund on purchases. There is one practical exception: where you paid GST on a long-term contract, typically a flat booking or a long-term insurance policy, the contract was cancelled, and the supplier returned your money without the GST. In that case the law lets you, as an unregistered person, apply for the GST refund yourself.

Who can use this route

The ICAI Handbook on Refunds, summarising Circular 188/20/2022-GST, describes the problem it solves. Buyers who booked flats or bought long-term insurance policies paid GST with their instalments. When the contract was cancelled, the time limit for the supplier to issue a credit note under s.34 had often passed, so the builder or insurer refunded only the net amount, excluding GST. The buyer had paid tax on a service never received.

ConditionWhy it matters
You are not registered under GSTRegistered persons use their own credit note and ITC adjustments
The contract was for supply of service, cancelled or terminatedThe route covers construction agreements and long-term insurance policies
You paid GST to the supplierProof of payment is required
The supplier did not refund the GSTOtherwise nothing is left to claim
The s.34 credit note period had lapsed at cancellationIf the supplier can still issue a credit note, it must refund the tax directly

That last condition is the one most often missed. If the builder or insurer is still within time to issue a credit note, they should reduce their own tax liability and pay you the GST. The unregistered-person refund exists only for cases where that door has closed. Our excess tax paid refund service starts by checking this point.

Documents you need

Rule 89(2)(ka) and (kb) list the evidence for this category.

DocumentRule
Statement of invoices: number, date, value, tax paid, payment details, with copies of invoices89(2)(ka)
Proof of payment to the supplier89(2)(ka)
Agreement, registered agreement or contract with the supplier89(2)(ka)
Supplier's letter cancelling or terminating the agreement89(2)(ka)
Details and proof of the amount the supplier paid back on cancellation89(2)(ka)
Supplier's certificate: tax paid on these invoices, not adjusted through a credit note, and no refund claimed or to be claimed by the supplier89(2)(kb)

The supplier's certificate is essential; without it the officer cannot confirm that the same tax will not be refunded twice. No CA certificate on unjust enrichment is needed where the refund is claimed by an unregistered person who has borne the tax (proviso to Rule 89(2)(m)).

How much you get back

The refund cannot exceed the tax shown on the invoices. Where the supplier returned less than the full amount you paid (for example after deducting cancellation charges), only the proportionate tax corresponding to the amount refunded is granted.

Illustration. A buyer paid instalments of ₹30,00,000 plus GST of ₹1,50,000 (illustration). The builder cancels and refunds ₹27,00,000, keeping ₹3,00,000 as charges, and does not return any GST.

ItemAmount
GST paid₹1,50,000
Share of principal refunded by builder₹27,00,000 ÷ ₹30,00,000 = 90%
Proportionate GST refundable₹1,35,000

Under s.54(14), no refund is paid if the amount is below ₹1,000.

Time limit

For a person other than the supplier, the relevant date under Explanation 2(g) to s.54 is normally the date of receipt of goods or services. In a cancelled long-term contract, the service was never received. Circular 188/20/2022-GST therefore treats the date of issue of the cancellation letter by the supplier as the relevant date. You have two years from that date. For the wider rules, see relevant date for a GST refund claim.

How the claim is filed

The filing itself follows the portal route in GST refund with temporary registration: temporary registration using PAN in the supplier's State, Aadhaar authentication, a bank account in your own name linked to your PAN, and RFD-01 with Statement 8 in PDF. A separate application is needed for each supplier, and for suppliers registered in different States.

The officer processes it like any other RFD-01 and issues the sanction in RFD-06 with a speaking order.

Flat or insurance: what differs

PointCancelled flat bookingTerminated long-term insurance policy
Typical supplierBuilder or developerInsurer
Cancellation letter fromBuilderInsurer (termination or surrender communication)
Common gapBuilder deducts charges; GST on full amountPremium refunded net of GST
Detailed guideGST refund on flat cancellationThis article and the temporary registration guide

Need help getting GST back on a cancelled booking or policy?

We check whether the supplier can still issue a credit note, obtain the supplier's certificate in the required form, and file and follow the claim through to RFD-06. See our excess tax paid and unregistered-person refund support, or the broader GST refund service.

Key takeaways

  • Unregistered persons can claim GST back on cancelled construction agreements and long-term insurance policies.
  • The route applies only where the supplier can no longer issue a credit note under s.34.
  • Rule 89(2)(ka) and (kb) documents are required, including the supplier's certificate.
  • The relevant date is the date of the supplier's cancellation letter; the limit is two years.
  • Only proportionate GST is refunded where the supplier returns part of the payment; no CA certificate is needed.

Read next

Disclaimer: Positions stated as on 30 September 2026, based on the CGST Act and Rules as amended, the Finance Act 2026, and the ICAI Handbook on Refunds under GST (January 2026). Verify current notifications before filing.

Quick recapKey facts & short answers

Key Facts About GST Refund

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can an unregistered person claim a GST refund?

Generally not on ordinary purchases. The exception is GST paid on a cancelled construction agreement or long-term insurance policy, where the supplier can no longer issue a credit note.

Should I first ask the builder or insurer to return the GST?

Yes. If the credit note period under s.34 is still open, the supplier should refund the tax directly, and you do not need to apply.

Reconcile your purchase register with the portal every month, not once a year at audit time.

— TaxClue GST Desk

GST Refund: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Vikas Sharma Verified expert Tax & Compliance Expert

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Generally not on ordinary purchases. The exception is GST paid on a cancelled construction agreement or long-term insurance policy, where the supplier can no longer issue a credit note.

Yes. If the credit note period under s.34 is still open, the supplier should refund the tax directly, and you do not need to apply.

Two years from the date the supplier issued the cancellation letter.

No. Rule 89(2)(m) does not require it where an unregistered person who bore the tax claims the refund.

A certificate under Rule 89(2)(kb) confirming that the supplier paid the tax, did not adjust it by a credit note, and has not claimed and will not claim a refund of it.

No. Only the tax proportionate to the amount the supplier actually refunded is granted.