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Inverted Duty Refund Rejected: Common Grounds and How to Respond

The usual grounds are: input services or capital goods in Net ITC (a sound objection after VKC Footsteps); same input and output goods (CBIC's Circular 135/05/2020 position, which...

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September 30, 2026
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Last updated: October 2026Verified against: Government sources

Inverted duty refunds are rejected more often than most other refund types, because the claim depends on a formula, a definition of "inputs" and a list of circulars that have been partly struck down. Most rejections fall into a small set of grounds. Some are sound and should be corrected in a fresh claim. Others rest on positions the courts have already rejected and can be contested.

The rejection grounds at a glance

GroundLegal basis the officer citesHow strong is it?What to do
Input services or capital goods included in Net ITCSection 2(59), Rule 89(5), VKC Footsteps (SC, 13.09.2021)StrongRecompute Net ITC with input goods only
Input and output are the same goodsCircular 135/05/2020, para 3.2 (as substituted by Circular 173/05/2022)ContestableShow other inputs taxed higher, or a concessional rate; cite High Court rulings
Goods on the restricted listNotification 5/2017-CT(R), as amendedStrong if the goods and period are coveredCheck the HSN and the period the credit relates to
Restriction applied by filing date, not accumulation periodCircular 181/13/2022, para 2.2WeakCite Patanjali Foods and Gemini Edibles
Old formula applied to pre-05.07.2022 applicationsCircular 181/13/2022WeakCite Ascent Meditech
Output nil-rated or fully exemptSection 54(3)(ii)StrongRemove exempt turnover; reverse credit for exempt supplies
Credit not reflected in GSTR-2BRule 89(2) and CBIC instructionsUsually strongReconcile; exclude unmatched invoices
Claim filed after two yearsSection 54(1), Explanation 2Strong, subject to COVID exclusionCheck the relevant date and the exclusion period
Drawback of central tax availedProviso to section 54(3)Strong where applicableCheck what drawback was taken

If you have an RFD-08 in hand or an RFD-06 rejecting your claim, our GST refund rejection service can assess which of these grounds actually applies and prepare the reply or appeal.

1. Input services and capital goods in Net ITC

Section 2(59) defines "inputs" as goods other than capital goods. Rule 89(5) defines Net ITC as ITC availed on inputs. The ICAI Handbook notes CBIC's clarification that both the law and the rules prevent refund of tax paid on input services and capital goods under this route. The Supreme Court in VKC Footsteps India Pvt Ltd (13.09.2021) upheld this, holding that reading input services into "inputs" would be a judicial re-writing of the provision.

This is the most common reason for partial rejection, and there is little room to argue it. Freight, job work, rent, professional fees, testing and machinery credit must come out of Net ITC. Input service credit appears only in the denominator of the second part of the formula. See Net ITC meaning in the refund formula.

2. Same input and output goods

Circular 135/05/2020 says refund under section 54(3)(ii) does not apply where the input and output supplies are the same, as where a trader's goods move from 18% to 12% after purchase. Circular 173/05/2022 allows refund where the same goods carry a lower rate at the same time under a concessional notification.

The Handbook reports rulings that go further in the taxpayer's favour: Shivaco Associates (Calcutta HC), Baker Hughes (Rajasthan HC), Nahar Industrial Enterprises (Rajasthan HC) and Indian Oil Corporation (Delhi HC). Indian Oil held that a claim cannot be denied because the principal input and output carry the same rate where other inputs are taxed higher. If your rejection rests on this ground, it is worth contesting. See inverted duty refund for traders vs manufacturers.

3. Restricted goods and Circular 181, para 2.2

Notification 5/2017-CT(R) bars inverted duty refund for notified goods. Notification 9/2022-CT(R) added restrictions from 18.07.2022. Para 2.2 of Circular 181/13/2022 then extended them to every application filed after that date, even for older credit.

  • Patanjali Foods Ltd. (Gujarat HC): Notification 9/2022 is prospective; para 2.2 of Circular 181 struck down as arbitrary, ultra vires section 54 and violative of Article 14. The Handbook adds that the court said a refund once granted cannot be recovered by a fresh show cause notice unless an appeal or review has been started.
  • Gemini Edibles and Fats India Ltd. (AP HC): credit accumulated before 18.07.2022 remains refundable, whenever the claim is filed. The Supreme Court dismissed the Revenue's SLP on 09.05.2025.

The test is when the credit accumulated. Details are in goods where inverted duty refund is not allowed and Circular 181 cannot override section 54(3).

4. The formula in Circular 181

Notification 14/2022-CT (05.07.2022) substituted the Rule 89(5) formula. The new formula reduces the tax-payable deduction by the ratio of Net ITC to total ITC on inputs and input services, which usually gives a higher refund. Circular 181/13/2022 said the change was prospective, applying only to applications filed on or after 05.07.2022.

In Ascent Meditech Ltd. (Gujarat HC, 17.10.2024), the court quashed that part of the circular. It held the amendment curative and clarificatory, so it applies retrospectively to refund or rectification applications filed within the two-year period under section 54(1).

Illustration (round figures): inverted turnover and ATT ₹1,00,00,000; tax payable ₹5,00,000; Net ITC ₹9,00,000; total ITC on inputs and input services ₹10,00,000.

  • Old formula: 9,00,000 − 5,00,000 = ₹4,00,000
  • Substituted formula: 9,00,000 − (5,00,000 × 9 ÷ 10) = ₹4,50,000

If an officer applied the old formula to your claim, the ₹50,000 difference is worth pursuing. Try both on the GST refund calculator.

5. Exempt output, GSTR-2B and time bar

How to respond

  1. RFD-08 first. The officer cannot reject without a show cause notice in RFD-08. Reply in RFD-09 within the time given, on each ground separately, and ask for a personal hearing. See RFD-08 reply format.
  2. After RFD-06. Where the amount debited is rejected, it is re-credited to the ledger through PMT-03 once the appeal period is over or the order is accepted. See re-credit of rejected refund.
  3. Appeal. You can appeal under section 107 with the pre-deposit, and further to GSTAT. See appealing a refund rejection order.
  4. Fresh claim. Where the rejection was right (for example, input services in Net ITC), correct the working and file afresh if still within the two-year limit.

Need help with a rejected inverted duty claim?

A rejection order often mixes one sound objection with two weak ones. We can separate them, reply to the RFD-08 on the contestable grounds, correct what needs correcting and take the matter to appeal where needed. See GST refund rejection support. If you want the next claim prepared properly from the start, see inverted duty refund filing.

Key takeaways

  • Input services and capital goods in Net ITC is a sound ground after VKC Footsteps. Correct and refile.
  • "Same goods" rejections under Circular 135 are contestable in the light of several High Court rulings.
  • Circular 181's formula position was quashed in Ascent Meditech; its para 2.2 was struck down in Patanjali Foods and Gemini Edibles.
  • Restricted-goods and exempt-output rejections are sound if the goods and period are actually covered.
  • The officer must issue RFD-08 before rejecting. Reply ground by ground in RFD-09.

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 Inverted Duty Refund Rejected

  • 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 the most common reason for inverted duty refund rejection?

Including input services or capital goods in Net ITC. Only credit on input goods counts, as the Supreme Court confirmed in VKC Footsteps.

Can an officer reject my claim citing Circular 181?

Two parts of that circular have been set aside: the prospective-only formula (Ascent Meditech) and para 2.2 on post-18.07.2022 filings (Patanjali Foods, Gemini Edibles). A rejection on those bases can be contested.

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

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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.

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Questions, answered

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

Including input services or capital goods in Net ITC. Only credit on input goods counts, as the Supreme Court confirmed in VKC Footsteps.

Two parts of that circular have been set aside: the prospective-only formula (Ascent Meditech) and para 2.2 on post-18.07.2022 filings (Patanjali Foods, Gemini Edibles). A rejection on those bases can be contested.

Not necessarily. Several High Courts have held that the Act does not exclude such cases, and refund is allowed at least where other inputs are taxed higher or a concessional rate applies.

No. An RFD-08 show cause notice must be issued and you must be given an opportunity to reply in RFD-09.

The rejected amount is re-credited to your credit ledger through PMT-03, subject to the appeal position.

If the ground was sound, correct and refile within the time limit. If it was not, appeal under section 107, keeping in mind the pre-deposit.