Next dueGST
7 NOVTDS / TCS deposit · Deducted in Oct 2026in 9 days 11 NOVGSTR-1 · Outward supplies · Oct 2026in 13 days 13 NOVIFF (QRMP) · B2B invoices · Oct 2026in 15 days 20 NOVGSTR-3B · Summary return · Oct 2026in 22 days 21 NOVITR filing · Audit cases · AY 2026-27 · extended from 31 Octin 23 days 25 NOVPMT-06 (QRMP) · Monthly GST payment · Oct 2026in 27 days 30 OCTAOC-4 · Financial statements · FY 2025-26tomorrow 15 NOVPF & ESI · Contributions · Oct 2026in 17 days
All due dates
GST

How to Claim a GST Refund on Inverted Duty Structure

How to claim a GST refund of accumulated ITC under an inverted duty structure — where input tax is higher than output tax — using Form GST RFD-01 and the Rule 89(5) formula.

Published
Updated
Reading time
4 min
Questions
6 answered
  • Medium Complexity
Topic
GST
Published
August 25, 2026
Last updated
Aug 25, 2026
Reading time
4 min
0:00
Last updated: August 2026Applies to: FY 2026-27Verified against: Government sources

Overview

An inverted duty structure blocks working capital because credit piles up faster than it can be used. The GST law allows a refund of this accumulated ITC so businesses like textile processors, footwear makers or fertiliser manufacturers are not permanently out of pocket.

When It Is Required & Legal Basis

Section 54(3)(ii) of the CGST Act, 2017 permits refund of unutilised ITC where the credit accumulates because the rate of tax on inputs is higher than the rate on output supplies (other than nil-rated or fully exempt). Rule 89(5) of the CGST Rules, 2017 prescribes the computation formula, restricting "Net ITC" to inputs (goods).

Step-by-Step Process

  1. Confirm eligibility. Ensure the output is not nil-rated/exempt and is not a notified excluded supply.
  2. Compute Net ITC. Take ITC availed on inputs (goods) during the period — exclude input services and capital goods.
  3. Apply the formula. Use the Rule 89(5) formula to arrive at the maximum refund of accumulated ITC.
  4. Open RFD-01. Go to Services → Refunds → Application for Refund → "ITC accumulated due to inverted tax structure".
  5. Fill statement and upload. Enter turnover of inverted supplies, adjusted total turnover, tax payable, and upload Statement 1/1A and invoices.
  6. Submit and track. File with DSC/EVC; the officer processes RFD-02/04/06.

Forms, Attachments & Fees

FormPurposeTimeline
GST RFD-01Refund application (inverted duty)Within 2 years of return due date
Statement 1 / 1AInverted supply computationAttached to RFD-01
GST RFD-02AcknowledgementWithin 15 days
GST RFD-06Final sanction orderWithin 60 days

No government fee. A CA/CMA certificate is needed where the refund exceeds ₹2 lakh (subject to exemptions).

Timeline & Due Dates

Claim within two years from the due date of the return for the period in which the refund arises. The officer acknowledges in RFD-02 within 15 days and sanctions in RFD-06 within 60 days of a complete application; note that provisional 90% refund is generally not available for inverted-duty claims (unlike exports).

Penalty for Delay / Non-compliance

Excess or wrongly sanctioned refund is recoverable with interest at 18% under Section 50. There is no separate penalty for late claim, but claims filed beyond two years are time-barred and lapse.

Practical Tips

  • Restrict Net ITC to inputs (goods) — including input services is the most common error leading to short-sanction.
  • Check the notified list of excluded goods before applying.
  • File period-wise and keep a clean input invoice register mapped to the credit ledger.
  • Reconcile GSTR-2B to defend the Net ITC figure during scrutiny.

Related Services & Guides

Quick recapKey facts & short answers

Key Facts About Claim a 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.

What is an inverted duty structure?

It arises when the GST rate on inputs is higher than the GST rate on the output supply, causing input tax credit to accumulate that cannot be fully set off against output tax.

Which form is used to claim the refund?

Form GST RFD-01 is filed on the portal under the category "Refund on account of ITC accumulated due to inverted tax structure".

A GST return is a statement you may be asked to prove; file only what your books can support.

— TaxClue GST Desk

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

Related Services & Guides

Why This Matters

Staying compliant with Indian regulations protects your business from penalties, interest and unnecessary legal trouble. It is always wise to maintain proper records and documentation so that any future scrutiny can be handled smoothly.

Was this article helpful?
About the author
Vikas Sharma Tax & Compliance Expert at TaxClue

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

Updated:

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.

It arises when the GST rate on inputs is higher than the GST rate on the output supply, causing input tax credit to accumulate that cannot be fully set off against output tax.

Form GST RFD-01 is filed on the portal under the category "Refund on account of ITC accumulated due to inverted tax structure".

Under Rule 89(5), Maximum Refund = {(Turnover of inverted rated supply × Net ITC) ÷ Adjusted Total Turnover} − (tax payable on such inverted supply × Net ITC ÷ ITC availed on inputs and input services).

No. For the inverted duty refund, "Net ITC" covers ITC on inputs (goods) only. ITC on input services and capital goods is not refundable under this route.

Yes. The government has notified certain goods (for example, some textiles and construction-related supplies) where refund of accumulated ITC on inverted duty is not allowed.

The refund must be claimed within two years from the due date for furnishing the return for the period in which the claim arises, under Section 54.