Home Case Index All Cases GST GST + Commissioner GST - 2021 (6) TMI Commissioner This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 960 - Commissioner - GSTRefund of unutilized Input Tax Credit accumulated due to Export of Goods and Service - reversal of supply of exempted supply - zero rated supply - personal hearing was not granted to the Appellant - principles of natural justice - sub Section 3(a) of Section 16 of IGST Act,2017 read with Rule 89 of CGST Rules, 2017 - HELD THAT:- The appellant has argued that during the month of August 2018, the Appellant had transferred MEIS Scrips/Licence on receipt of consideration charges amounting to ₹ 8,69,740/- which is reflected in Para 3.1(c) of the Form GSTR-B for August 2018 as with effect from 13-10-2017, Duty Credit Scrips [MEIS etc.] falling under Heading 4907 have been exempted from levy of Goods and Service Tax by Notification No. 35/2017-C.T. (Rate), dated 13-10-2017.I find that the appellant has further submitted that for the supply of MEIS Licence, the Appellant had availed Input Tax Credit of ₹ 14,362/- on Consultancy Services used exclusively for exempted supply of MEIS Licence and also availed Input Tax Credit of ₹ 50,438/- in respect of Telephone services, Courier Service, Computer Repairing Services, Internet Services, Rental Services and purchase of Stationary items used for taxable supplies including Zero-rated supplies as well as exempted supply of MEIS Licence. Rule 42(1) provides the manner of determination of the amount of input tax credit to be reversed in terms of Section 17 (2) of CGST Act, 2017.I observe that the appellant has produced a chart showing details of availment of Input Tax Credit of ₹ 14,362/- in respect of Input Service used exclusively for exempted supply of MEIS Licence and ₹ 50,438/- in respect of Input and Input Services used for taxable supplies including Zero-rated supplies as well as exempted supply of MEIS Licence - he amount of input tax credit attributable to supply of exempted supply in terms of Rule 42 of the CGST Rules, 2017 during the month of August 2018 comes to ₹ 16,313/-(₹ 14362/- in respect of consultancy service used exclusively for supply of exempted service and ₹ 1951/- being common input tax credit) - It is observed that the appellant has paid the excess credit amounting to ₹ 16,313/- vide entry numbers DC0806200082724 dated 20-06-2020 in electronic ledger account /Form GSTR-3Band has furnished Form GST DRC-03. The appeal filed by the appellant is allowed upto the extent of excluding the value of exempt supplies other than zerorated supplies in the Adjusted Total Turnover - appeal disposed off.
|