Clarification on refund related issues. - GST - States - TRADE CIRCULAR No. 10/2023

..... put tax credit under Section 54(3) on the basis of that available as per FORM GSTR 2B: - 1.1 In terms of Para 5 of Trade Circular No. 06/2020 dated 21.04.2020, refund of accumulated input tax credit (ITC) is restricted to the input tax credit as per those invoices, the details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. Para 5 of the said trade circular is reproduced below: 5. Guidelines for refunds of Input Tax Credit under Section 54(3): 5.1 In terms of para 36 of Trade Circular No. 45/2019 dated 21.11.2019, the refund of ITC availed in respect of invoices not reflected in FORM GSTR-2A was also admissible and copies of such invoices were required to be uploaded. However, in .....

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Clarification on refund related issues. - GST - States

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..... vailability of refund of the accumulated input tax credit under section 54(3) of WBGST Act for a tax period shall be restricted to input tax credit as per those invoices, the details of which are reflected in FORM GSTR-2B of the applicant for the said tax period or for any of the previous tax periods and on which the input tax credit is available to the applicant. Accordingly, para 36 of Trade Circular No. 45/2019 dated 21.11.2019, which was earlier modified vide Para 5 of Trade Circular No. 06/2020-GST dated 21.04.2020, stands modified to this extent. Consequently, Trade Circular No. 07/2020-GST dated 06.07.2020, which provides for restriction on refund of accumulated input tax credit on those invoices, the details of which are uploaded by .....

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Clarification on refund related issues. - GST - States

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..... input tax credit. However, the applicants applying for refund must give an undertaking to the effect that the amount of refund sanctioned would be paid back to the Government with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the WBGST Act have not been complied with in respect of the amount refunded. This undertaking should be submitted electronically along with the refund claim. 2.2 In accordance with the same, the following undertaking was inserted in FORM GST RFD-01: I hereby undertake to pay back to the Government the amount of refund sanctioned along with interest in case it is found subsequently that the requirements of clause .....

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Clarification on refund related issues. - GST - States

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..... SGST Act have not been complied with in respect of the amount refunded. 2.4. Consequentially, Annexure-A to the Trade Circular No. 45/2019 dated 21.11.2019 also stands amended to the following extent: i. Undertaking in relation to sections 16(2) (c) and section 42(2) wherever mentioned in the column Declaration/Statement/Undertaking/Certificates to be filled online may be read as Undertaking in relation to sections 16(2) (c) . ii. Copy of GSTR-2A of the relevant period wherever required as supporting documents to be additionally uploaded stands removed/deleted. iii. Self-certified copies of invoices entered in Annexure-B whose details are not found in GSTR-2A of the relevant period wherever required as supporting documents to be additional .....

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Clarification on refund related issues. - GST - States

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..... 90-F.T. dated 23.08.2022, the value of goods exported out of India to be included while calculating adjusted total turnover will be same as being determined as per the Explanation inserted in the said sub-rule. 4. Clarification in respect of admissibility of refund where an exporter applies for refund subsequent to compliance of the provisions of sub-rule (1) of rule 96A: 4.1 References have been received citing the instances where exporters have voluntarily made payment of due integrated tax, along with applicable interest, in cases where goods could not be exported or payment for export of services could not be received within time frame as prescribed in clause (a) or (b), as the case may be, of sub-rule (1) of rule 96A of WBGST Rules. Cl .....

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Clarification on refund related issues. - GST - States

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..... a period of three months, payment of Integrated tax first and claiming refund at a subsequent date should not be insisted upon. In such cases, the jurisdictional Commissioner may consider granting extension of time limit for export as provided in the said sub-rule on post facto basis keeping in view the facts and circumstances of each case. The same principle should be followed in case of export of services 4.4 Further, in Para 44 of the aforesaid Trade Circular, it has been emphasized that the substantive benefits of zero rating may not be denied where it has been established that exports in terms of the relevant provisions have been made. 4.5 The above clarifications imply that as long as goods are actually exported or as the case may be, .....

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Clarification on refund related issues. - GST - States

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