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SI’m trying to understand if there’s any legal provision under Indian GST or general tax laws where a consumer can claim a refund of the GST component in cases where:
1. The goods purchased were stolen before use or delivery, and/or
2. The goods turned out to be defective, substandard, or not as described, and the seller is either uncooperative or unreachable.
In both cases, the government’s role in protecting consumer rights or maintaining law and order is questionable. So, can I argue that since I didn’t get the value for the tax paid, I should be eligible for a GST refund (or general tax relief) from the government itself?
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SCustomer can ask the seller to issue refund (which includes taxes paid as GST) Seller will nullify the invoice via credit note in GST portal.
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SIn that case, you can move to consumer court to get compensation. Without the seller issuing you refund, you cannot get the GST back as a regular customer.
In case of damage to the item, the shipments will usually be insured, and the shipping company will compensate the seller for it. If the seller is not cooperating, you can always file a consumer court complaint.
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SHow can you claim a GST refund if you’ve not sold the item yet?
You can file damages in your books of accounts as loss by theft / defects etc.
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SSo this can be very well done ?
Suppose a person bought an iPhone of say 1.2 lacs, IGST would be 22k around.
So i can file damages of 1.2 lacs and potentially recover the entire 1.2 lacs in damages or just the 22k gst ?
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