QUESTION
Mr. A wrongly claimed Excess Refund of ITC. Q.1. Can Mr. A repay ITC if Yes, How?. Q.2. GST officer Verify and Pass the said Refund, in that case whether Mr. A has to Pay Interest or not?
ANSWER
FACTS OF THE CASE:
Excess refund has been claimed. To determine whether interest will be applicable on returning the excess refund.
LAW APPLICABLE:
1. Sub section (4) of section 49 CGST dictates that;
"(4) The amount available in the electronic credit ledger may be used for 
making any payment towards output tax under this Act or under the 
Integrated Goods and Services Tax Act in such manner and subject to such 
conditions and within such time as may be prescribed."
2. Section 73(1) of CGST is laid 
as under;
"(1) Where it appears to the proper officer that any tax has not been paid or 
short paid or erroneously refunded, or where input tax credit has 
been wrongly availed or utilised for any reason, other than the reason of fraud 
or any wilful-misstatement or suppression of facts to evade tax, he shall serve 
notice on the person chargeable with tax which has not been so paid or which has 
been so short paid or to whom the refund has erroneously been made, or who has 
wrongly availed or utilised input tax credit, requiring him to show cause as to 
why he should not pay the amount specified in the notice along with 
interest payable thereon under section 50 and a penalty leviable under 
the provisions of this Act or the rules made thereunder."
INTERPRETATION:
As per section 49(4) CGST, 
balance of electronic credit ledger can be utilized only towards payment of 
output tax liability. 
Since payment of erroneous refund is not an output tax liability therefore the 
credit ledger can not be utilized and the payment must be made through cash 
ledger only.
The payment shall be voluntarily under section 73 to avoid levy of penalty. Section 73 dictates that interest under section 50 must be paid when making the voluntary payment under the said section.
CONCLUSION :
Payment of erroneous refund shall 
be made voluntarily under section 73 along with interest @ 18% under section 50.
The fact that a GST officer had verified, validated and sanctioned the refund 
will make no difference to the case. (Reply dt. 
28/12/2021)