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Inverted Duty Refund for Traders vs Manufacturers

Both traders and manufacturers can claim under section 54(3)(ii) and Rule 89(5), for credit on input goods. For traders the obstacle is Circular 135/05/2020-GST (para 3.2, as...

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Last updated: October 2026Verified against: Government sources

Nothing in section 54(3) says only manufacturers can claim an inverted duty refund. A trader qualifies on the same test: credit must accumulate because inputs are taxed at a higher rate than output supplies. The difference is practical. A trader usually sells the goods it buys, and CBIC does not accept that the same goods at two different rates create an inverted duty structure. That position, and the court rulings against it, decide most trader claims.

The same test, applied differently

PointManufacturerTrader
Legal basisSection 54(3)(ii), Rule 89(5)Same
Typical inputsRaw materials, components, packingGoods bought for resale, packing, consumables
Is input different from output?Yes, inputs are transformedUsually no, the goods are resold as they are
Main riskInput services or capital goods in Net ITC"Same goods" objection under Circular 135
Where inversion comes fromDifferent rates on different inputs and outputPacking and consumables taxed higher, or a concessional output rate

Because a manufacturer's inputs and output are different goods, the "same goods" objection rarely arises. A trader has to show that the accumulation is caused by something other than a rate change on the goods themselves.

If you trade in goods whose rate was cut and your ledger has been building up, talk to us before filing. Our inverted duty structure refund service will first test whether the claim can be framed within the law and the circulars.

CBIC's "same goods" position

Circular 135/05/2020-GST (31.03.2020) took up the case of a trader who bought goods "X" at 18%, after which the rate on X came down to 12%. The trader claimed the accumulated credit as inverted duty. CBIC said no: where input and output are the same goods, the fact that they carried different rates at different times does not bring the case within section 54(3)(ii).

Circular 173/05/2022-GST (06.07.2022) substituted para 3.2 and added one clear exception. Refund is allowed where the credit accumulates because the output rate on the same goods is lower than the input rate at the same point of time, under a concessional notification that gives a lower rate for specified supplies, subject to its conditions.

So, as CBIC sees it:

  • Rate cut over time, same goods → no inverted duty refund.
  • Concessional rate at the same time, same goods → refund allowed.
  • Other inputs taxed higher than the goods → refund available on the ordinary test.

GST 2.0 on 22.09.2025 created many "rate cut over time" cases for traders holding old stock. See ITC accumulation after GST 2.0 rate cuts.

What the courts have said

The ICAI Refunds Handbook reports the following rulings:

CaseCourtHolding, as the Handbook describes it
Shivaco AssociatesCalcutta HCThe Act does not exclude cases where inputs and outputs are the same; the circular's restriction overreaches the statute
Baker Hughes Asia Pacific Ltd.Rajasthan HCRefund cannot be denied merely because input and output supplies are the same
Nahar Industrial Enterprises Ltd.Rajasthan HCRefund cannot be denied because rates are "more or less the same"; applies with multiple inputs and outputs
Indian Oil Corporation Ltd.Delhi HCRefund cannot be denied because the principal input and output carry the same rate if other inputs carry higher rates

These rulings help, but the circular has not been withdrawn, and officers still apply it. A trader claiming on a rate-change basis should expect a notice and be ready to argue the case, possibly on appeal. See refund rejection on non-statutory conditions.

Worked example: a gold trader

The Handbook uses a gold trader to show a legitimate trader claim. Gold is taxed at 3%, while packing material is taxed at 18%. Since some inputs are taxed higher than the output, the trader should, on a plain reading of section 54(3), be eligible.

Illustration (one quarter, round figures):

ItemAmount (₹)
Turnover of gold (inverted rated supply) at 3%5,00,00,000
Adjusted Total Turnover5,00,00,000
Tax payable on gold sold15,00,000
ITC on gold purchased (₹4,80,00,000 at 3%)14,40,000
ITC on packing and consumables (₹10,00,000 at 18%)1,80,000
Net ITC (all inputs)16,20,000
ITC on input services1,00,000
ITC on inputs + input services17,20,000

Refund = (5,00,00,000 × 16,20,000 ÷ 5,00,00,000) − (15,00,000 × 16,20,000 ÷ 17,20,000) = 16,20,000 − 14,12,791 = ₹2,07,209

Ledger at quarter end: 17,20,000 − 15,00,000 = ₹2,20,000. The refund is ₹2,07,209. Net ITC covers all inputs regardless of their rate, as CBIC's own clarification on multiple inputs confirms. The claim is modest, which is typical for traders: the refund is limited to what the higher-rated inputs actually push into the ledger. Test your own figures on the GST refund calculator.

Checklist for traders

  • Separate goods-for-resale credit from packing and consumables credit in your books.
  • Keep proof of any concessional-rate notification that applies to your sales, and that its conditions are met.
  • Do not base the claim only on old stock sold after a rate cut unless you are ready to litigate.
  • Exclude input services (freight, rent, commission) and capital goods from Net ITC. See Net ITC in the refund formula.
  • File within two years of the GSTR-3B due date for the period.

Need help with a trader's refund claim?

Trader claims turn on how the accumulation is explained. We can work out whether your ledger build-up comes from packing, a concessional rate or a rate change, frame the claim accordingly and defend it if a notice follows. See inverted duty refund support or the GST refund hub.

Key takeaways

  • Section 54(3)(ii) does not limit inverted duty refund to manufacturers. Traders can claim on the same test.
  • CBIC's Circular 135/05/2020 (para 3.2, as substituted by Circular 173/05/2022) bars claims where the same goods carry different rates at different times.
  • Same goods at a lower concessional rate at the same time do qualify.
  • Higher-rated packing or consumables can support a trader's claim, as the Handbook's gold example shows.
  • High Courts have ruled against the narrow reading, but officers still apply the circular.

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

  • 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 a trader claim inverted duty refund under GST?

Yes. The law does not restrict the refund to manufacturers. The trader must show credit has accumulated because inputs are taxed higher than the output.

Can I claim refund on stock bought before a rate cut and sold after it?

CBIC says no, because the input and output are the same goods. Some High Courts have disagreed, but such claims are usually contested.

An e-way bill is a small form that stops a large consignment when it is missing.

— TaxClue GST Desk

Inverted Duty Refund: 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.

Yes. The law does not restrict the refund to manufacturers. The trader must show credit has accumulated because inputs are taxed higher than the output.

CBIC says no, because the input and output are the same goods. Some High Courts have disagreed, but such claims are usually contested.

Circular 173/05/2022 allows refund where the same goods are sold at a lower rate at the same time under a concessional notification, subject to its conditions.

Yes. Packing material is an input (goods). Its credit enters Net ITC.

Rarely, because its inputs are transformed into a different product. Where the principal input and output carry the same rate but other inputs are higher, the Delhi High Court in Indian Oil held refund cannot be denied.

No. Refunds of unutilised ITC do not need the unjust-enrichment certificate.