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Refund under GST

Goods and Services Tax - GST - By: - Subhash Modi - Dated:- 25-11-2015 Last Replied Date:- 30-12-1899 - Mr. Pradeep Jain has written a very informative article titled: PROPOSED REFUND PROCESS UNDER GST - HAPPINESS ON THE WAY TO EXPORTERS. In continuation I wish to add my comments on the issue of as follows: However in the proposed GST legislation there is post refund condition that the value of the exported goods ought to be realised in free foreign exchange within the initial or extended time l .....

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the FTP) recovery of the customs portion of the Drawback availed and paid or the import inputs custom duties that were saved even if the export has been consummated. There is no such condition in respect of: a) Cenvat credit of capital goods or input duties or service tax availed of capital goods inputs and or input services and -either utilised for payment of duty on the final product on payment of duty under claim of rebate in terms of Rule 18/CEX Rules, 2002 read with Notification 19/2004-CE .....

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CEX Rules, 2002 read with Notification 43/2001-CE(NT) or 44/2001-CE(NT). d) State VAT or CST saved for purchase of goods ultimately exported under CST form H e) Input and final goods duties reliefs or exemptions availed by 100% EOUs, STPI and similar export oriented dispensations. f) Refund of accumulated credit under Rule 5 of the CCR, 2004. In other words such export related reliefs were never and are not still subject to recovery if the value of the relevant export goods is not realised in fo .....

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hat the export prices whether FOB/C&F/CIF include the cost incurred in India by the Indian exporter in INR for payment to ECGC the premium amount for the credit insurance policy resulting in realisation of the premium cost also in foreign exchange through the export price and the national aggregate of such INR premium cost realised through export price in foreign exchange will far outweigh the aggregate value in foreign exchange of the export bills not realised. However the moot point is why .....

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be retained for payment of SGST and CGST or IGST on any further domestic sale. The exported goods will be taxed in the country to which the export has taken place and goods are retained or consumed in that country. Can such goods be taxed again in India extra-territorially by way of recovery of the last point GST refund that was allowed on the occasion of export? Recovery will amount to taxing the goods again as if the goods are still in India and not exported. Goods can be taxed only if the goo .....

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