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Reversal of adjustment made under claim

Goods and Services Tax (General) Regulations

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—(1) Where a claimant —(a)has been given a refund pursuant to a claim; and(b)subsequently either —(i)makes a payment to the supplier for the supply made by the supplier to him within the period of 5 years commencing on the day the reverse charge supply was treated as taking place; or(ii)makes a payment to the supplier which, by virtue of regulation 90H, is treated as attributed to the supply,the claimant must repay to the Comptroller an amount calculated in accordance with the formulawhere —(A)A is the amount of the refund, or (if any reversal under this regulation was previously made) the balance of the refund;(B)B is the amount of payment so made or attributed; and(C)C is the amount of the consideration for the supply owing by the claimant to the supplier immediately before the payment.(2) The claimant must repay to the Comptroller the amount mentioned in paragraph (1) by including the relevant amounts of refund in the appropriate box or boxes on his return for the prescribed accounting period in which the payment mentioned in paragraph (1)(b) is made.(3) Except as the Comptroller may otherwise allow, where the claimant fails to comply with the requirements of regulation 90D, 90E or 90F, the claimant must repay to the Comptroller the amount of the refund obtained to which the failure to comply relates; and he must repay the amount by including the relevant amounts of output tax and input tax in the appropriate box or boxes on his return for the prescribed accounting period which the Comptroller designates for that purpose.(4) If, at the time the claimant is required to repay any amount, he is no longer required to make returns to the Comptroller, the claimant must repay the amount to the Comptroller within one month after he makes the payment mentioned in paragraph (1)(b), and in such form and manner as the Comptroller may determine.

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