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Refund of accumulated ITC, Goods and Services Tax - GST

Issue Id: - 115636
Dated: 8-11-2019
By:- Kaustubh Karandikar
Refund of accumulated ITC

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XYZ importing goods against ‘Advance Authorization’. They had also fulfilled export obligation against the same by exporting the goods without payment of GST under LUT. They are now filing refund claim of accumulated ITC on account of continuous exports. Can they consider the value of exports made for fulfilment of export obligation against advance authorization, while claiming refund of accumulated ITC?

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Showing Replies 1 to 3 of 3 Records

1 Dated: 8-11-2019
By:- Rajagopalan Ranganathan

Sir,

For claiming the accumulated credit due to continuous export there is no question of verifying value of exported goods. Only thing required you have to produce the proof export and bank realization certificate.


2 Dated: 9-11-2019
By:- KASTURI SETHI

Q. Can they consider the value of exports made for fulfilment of export obligation against advance authorization, while claiming refund of accumulated ITC?

Sir, Answer is NO. Disallowed by the department against such export..


3 Dated: 11-11-2019
By:- Adarsh Sharma

XYZ had imported under AA and Exported under LUT and intended to claim the refund under Rule 89, XYZ can consider the value of Export for Refund under Rule 89 on which is also considered as value of export for the purpose of DGFT (fulfillment of AA obligation)

If XYZ is imported under AA he can not Export under Rule 96 (on payment of IGST), there is a restriction to claim the refund under Rule 96 (10)

In my view XYZ can claim accumulated ITC as refund under Rule 89.


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