TMI BlogManual filing and processing of claim of refund of inverted tax structure and deemed exports.X X X X Extracts X X X X X X X X Extracts X X X X ..... ns /documents /forms pertaining to refund claims on account of inverted tax structure and deemed exports shall be filed and processed manually till further orders. In this regard, the undersigned, in exercise of powers conferred under section 168 (1) of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the MGST Act ) hereby clarifies that the contents of the Trade Circular No. 49T of 2017 and Trade Circular No. 52T of 2017 [cited at Ref. (3) and (4) above] shall also be applicable to the refund claims on account of inverted tax structure and deemed exports inasmuch as they pertain to the method of submission of refund claim and its processing which is consistent with the relevant provisions of the MGST Act, 2017 and Maharashtra Goods and Services Tax Rules, 2017 (hereafter referred to as the MGST Rules ). 2. Periodicity of submission of refund application: 2.1. It is clarified that refund claims on account of inverted tax structure and deemed exports shall be filed for a tax period on a monthly basis in FORM GST RFD-01A. In order to avoid the delay in grant of refund the Trade is advised to file the application for refund only after return in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be available except in following circumstances,- (a) supplies of goods as notified in Notification No.: 5/2017 State Tax (Rate) dated 29th June 2017 as amended by Notification No. 29/2017 State Tax (Rate) dated the 25 th September 2017 and Notification No. 44/2017 dated the 14th November 2017. (b) supplies of services as notified in Notification No. 15/2017-State Tax (Rate) dated 29th June 2017. [Construction Services: Point 5(b) Schedule II] 1.6. As per the provisions of section 54(3)(ii) the aforesaid categories of supplies of goods or services are barred from seeking refund of the un-utilized or accumulated inputs. 2. Preparation of Application for Refund: 2.1. The registered taxable person who desires to get the refund on account of inverted tax structure is required to file an application manually in FORM GST RFD-01A (as notified in the MGST Rules vide Notification No. 55/2017 State tax dated 15.11.2017 and as amended from time to time). All the details in the said form is to be filled appropriately. 2.2. The applicant who desires to get the aforesaid refund shall access the common portal i.e. www.gst.gov.in and fill the appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate figures of Net input tax credit (ITC) in column (4) from the FORM-GSTR-3B may be taken. 2.8. The applicant is also required to determine the output tax liability on account of supply of such inverted tax rated goods. The output liability so determined is to be filled in the column (2) above Statement-1. 2.9. Once the information as stated above is filled then the figures in column (3) above i.e. of adjusted turn-over is required to be determined as given in rule 89(4) of the MGST Rules. After entering the requisite information as explained above the refund amount will get auto calculated as given in the Column (5) above. 2.10. The formula used to calculate the Maximum Refund Amount is given below: Maximum Refund Amount= [(Turn-over of inverted rated supply of Goods) X Net ITC/ Adjusted Total Turn-over]-Tax payable on such inverted rated supply of goods. 2.11. It is to be kept in mind that the term Net ITC and Adjusted Total Turnover shall have the same meaning as assigned to it in rule 89(4) of the MGST Rules, 2017. 2.12. For better understanding same is re-produced below: Where ,- (B) Net ITC means input tax credit availed on inputs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et the refund amount in another preferred bank account which is not appearing in the drop down list then applicant is requested to add that bank account with the use of amendment functionality available at GSTN portal i.e. non-core amendment. For this purpose, the applicant, may go the Registration Non-core amendment and add details including Bank Name, Branch Name, IFS Code. The facility given for choosing the Bank IFSC may be used so that no error is made while entering said information. Once the Bank details gets updated at GSTN portal then the refund amount determined as per the provisions of the law will be disbursed and credited to the said preferred Bank account. This is absolutely essential in order to ensure that the refund is credited to the appropriate bank account as desired by the applicant. (1) It may please be noted that,- (a) Once the applicant has entered all the details in Table i.e. Statement-1 above please save the form before you proceed to Submit. (b) Please correct any errors occurred during preparation and do not forget to save the said FORM before proceeding to submit. (c) It may please be kept in mind that once Proceed button is clicked a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which are assigned to the State vide order of distribution of tax payer cited at Ref. (1) above, the application in FORM-GST-RFD-01A complete in all respect alongwith ARN receipt generated at common portal the printout of the same shall be submitted to the appropriate Official in the office of the concerned Joint Commissioner of State tax and in case, the office of the Joint Commissioner of State tax, does not exist then to the head of the location. The location wise list where the application is to be submitted is given in the ANNEXURE-B of the Trade Circular No. 49 of 2017 dated 28th November 2017. 2.19.3. The tax payer who is neither assigned to the State Tax Authority nor to the Central Tax Authority and who desires to submit the application for refund to the MGSTD, then under such circumstances, the refund application shall be accepted,- (i) in case the registered place of business of the said tax payer is situated in Brihan Mumbai, then in the Office of the Joint Commissioner of State tax (MUM-VAT-F-001), Nodal-1, 5th Floor, E-Wing , New Building, GST Bhavan, Mazgaon, Mumbai-400010. (ii) at Pune location, in the office of the Joint Commissioner of State tax (P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Circular). 2.21. RECEIPT OF REFUND APPLICATION: (1) As explained above, the application shall be submitted to the Office of the Joint Commissioner of State tax and in case the office of the Joint Commissioner does not exist then to the head of the Location. The details of the locations and authority responsible for receipt of refund applications are given in the ANNEXURE-B annexed to the Trade Circular No. 49T of 2017 cited at Ref. (3) above. It is informed that the applicant shall submit the application in FORM-RFD-01A in duplicate so that the suitable receipt of the application is given. (2) After receipt of the application, the concerned authority will verify that the application is in order and requisite details as given in this Trade Circular are attached. After it is found that the application is in order and the refund ARN printout is enclosed then a receipt will be given by putting appropriate stamp and date of receipt of the application. (3) If it is noticed that the particular tax payer is not assigned to that Nodal Division or the LTU division then the applicant may be directed to submit application to appropriate jurisdiction. 2.22. ACKNOWL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eficiencies. (3) If the application is not filed afresh within thirty days of the date of receipt of communication of the deficiency memo, the concerned Nodal officer shall pass an order in FORM GST PMT 03 and re-credit the amount claimed as refund through FORM GST-RFD-01B. PART-B REFUND OF TAX ON SUPPLY OF GOODS REGARDED AS DEEMED EXPORTS: 1. The State Government, on recommendations of the GST Council has in exercise of the power conferred under section 147 of the Maharashtra Goods and Services Tax Act, 2017 issued a notification (Finance Department Notification No. 48/2017 dated 18th October 2017) and notified the supplies that is to be treated as Deemed Exports. 2. Accordingly following supplies of goods have been regarded as deemed export: 2.1. Supply of goods by a registered person against Advance Authorisation; 2.2. Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation; 2.3. Supply of goods by a registered person to Export Oriented Unit; 2.4. Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017-Customs, dated the 30th June, 2017 (as amended) against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Similarly, in case the refund is filed by the recipient of deemed export supplies, an undertaking by the supplier of deemed export supplies that he shall not claim the refund in respect of such supplies is also required to be furnished manually. 3.6. However, it may please be kept in mind that at present the GSTN portal has provided the facility to submit the refund applications under this category by the recipient of the of deemed export supplies only. 3.7. As and when the GSTN portal make available the facility to claim refund by the supplier of the deemed export, the application for refund in this behalf may be made by the supplier subsequently, provided that the recipient has not filed the applications for refund. 3.8. The procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export as laid down in Circular No. 14/14/2017-GST dated 06.11.2017 issued by the CBEC needs to be complied with. 4. PREPARATION OF REFUND APPLICATION AT GSTN PORTAL. 4.1. As explained above, the applicant shall access ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ATION-GST-RFD-01A: 5.1. The application shall be accompanied by a statement 5B of the FORM-GST-RFD-01A as given below. 5.2. It shall contain details of invoices of outward supplies if the refund is claimed by the supplier and the details of invoices of inward supplies in case refund is claimed by the recipient. 5.2.1. It should also contain the details of the taxable value and the taxes paid thereon. Statement-5B [rule 89(2) (g) Refund Type: On account of deemed exports Sr.No. Details of invoices of outward supplies in case refund is claimed by supplier/Details of invoices of inward supplies in case refund is Claimed by recipient Tax paid (1) No. (2) Date (3) Taxable Value (4) Integrated Tax (5) Central Tax (6) State/Union Territory Tax (7) Cess (8) 6. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod for which refund is being claimed and the recipient shall not claim any refund with respect of the said supplies and also, the recipient has not availed any input credit on such supplies. Signature Name Designation/Status DECLARATION [rule 91(1)] I/ We-----------------------(Applicant) having GSTIN/temporary Id--------------------------,solemnly affirm and declare I/We---------------------have not been prosecuted for any offence under the Act or under an existing law where the amount of tax evaded exceeds two hundred and fifty lakh, during any period of five years immediately preceding the tax period for which the claim of refund relates. Signature Name Designation/Status] UNDERTAKING 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 (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the CGST/SGST Act have not been complied with in respect of the amount refunded Signature Name Desi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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