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Refund of Inverted Duty & Refund of ITC for export under LUT, Goods and Services Tax - GST

Issue Id: - 117697
Dated: 14-12-2021
By:- Praveen Nair
Refund of Inverted Duty & Refund of ITC for export under LUT

  • Contents

Hi All

Can you please confirm whether we can claim Refund of ITC under Inverted Duty Structure and also Refund of ITC for export done under LUT together, for the same financial year.

Currently we are claiming only LUT ITC refunds whereas the ITC due to difference in output and input tax (Inverted duty) is accumulating.

Let me know if more clarity is required.

Thankyou!

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Posts / Replies

Showing Replies 1 to 7 of 7 Records

1 Dated: 14-12-2021
By:- Ganeshan Kalyani

Sir, you will have to keep both the transaction separately i.e. export supply and its corresponding ITC. And supply at lower GST and the input of which is taxable at a higher GST rate. In my view if both are separately maintained then refund can be claimed.


2 Dated: 15-12-2021
By:- KASTURI SETHI

Same financial year is not a hurdle. Separate maintenance of records will be convenient and safe for this purpose. I agree with Sh.Ganeshan Kalyani Ji.


3 Dated: 15-12-2021
By:- PAWAN KUMAR

Dear sir,

Both the refunds , there are separate rules and formulas, you may claim separate application for both types of refunds subject to conditions specified therein in the rules itself.


4 Dated: 15-12-2021
By:- PAWAN KUMAR

Dear sir,

rules are 89(4) & 89(5) of CGST Rules, 2017.


5 Dated: 16-12-2021
By:- Shilpi Jain

Though you cannot claim 2 kinds of refunds for the same transaction. For one export you can either go for ITC refund or inverted duty structure refund.

If there are more than one period in the year for which you want to go for refund or more than 1 export transaction, you can claim different types of refund for each period / transaction. There is no bar in that.


6 Dated: 16-12-2021
By:- KASTURI SETHI

I agree with Madam Shilpi Jain. Her reply has enriched my knowledge. Thanks a lot, Madam.


7 Dated: 16-12-2021
By:- PAWAN KUMAR

dear sir,

there is no bar in filing refund, you may claim refund in both the rules. 89 (4) is for export only, please check the rules. inverted tax structure refund rules prescribe for refund of tax accumulating on input at higher rate of tax than output at lower rate of tax. please check also master circular of refund circular no.125 dated 18.11.2019.


1

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