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What to do when a company forces you to pay GST
13-Jun-2023 (In GST Law)
One of the holiday company made false promises and forced me to take the 10-year membership (see my last post). After 3+ months of the chase, they are finally giving me the refund but only after the deduction of the 18% GST amount. They are saying that the GST amount was paid to the government. The company will pay only what they have. I have already told them that I have not taken any service and so why should I pay GST. And it was also the fault of company's employee who forced me to take the membership. I am sure they want to make the profit in terms GST amount from me. They will get this GST amount refunded from the government while filing their sales return. What should I do from now?
I will not explain the solution of above problem giving reference of various provision of GST Law. For the sake of simplicity, the above transaction is not supply under GST if the membership is cancelled or declined. If they have refund you the basic amount, they are not supposed to deduct GST. The liability of GST paid by them will be adjusted by them in their subsequent month GSTR3B. They will simply issue credit note with GST Amount. This closes the transaction.
You can take with Holiday Company the above matter.
You can take with Holiday Company the above matter.
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Adv. Sanjay Kumar
Faridabad | 25+ Answers
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