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Refund of ITC on account of Export without payment of Tax, Goods and Services Tax - GST

Issue Id: - 117369
Dated: 22-7-2021
By:- GAURAV SHARMA
Refund of ITC on account of Export without payment of Tax

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We have filed a refund application under export w/o payment of tax. Our one shipping bill & invoice dates have different month.We have filed the refund application as per our invoice date. For this reason the jurisdictional officer has been issued RFD-08(SCN), which is stated that "Shipping bills do not belong to the period on which refund is claimed"

So, my queries are:-

1. If the invoice for Dec'2021 & the Shipping bill were generated in Jan'2021. So which month should we file the refund?

2. If we file a refund as per the shipping bill date, then how will we show it in the refund application. Because, If we show that export sale in refund application next month. The same does not match with GSTR return.

3. There is any time limit to generate the shipping bill?

4. If we file a refund application as per invoice date. Is that wrong??

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Showing Replies 1 to 2 of 2 Records

1 Dated: 22-7-2021
By:- KASTURI SETHI

SH.GAURAV SHARMA JI,

As per Explanation 2(a) to Section 54 of CGST Act, relevant date is when the goods left India.

Comprehensive reply can be given here if you post major contents of the RFD-08 (SCN).


2 Dated: 23-7-2021
By:- Shilpi Jain

Refund is applicable on export. So ideally it should not be on the invoice date if the SB date and invoice dates are in different months.

Not matching with returns is not a substantive non compliance In your case


1

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