Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles Highlights
        Home        
 
Extracts
Home List
← Previous Next →

Manual filing and processing of claim of refund of inverted tax structure and deemed exports.

GST - States - 08 T of 2018 - Dated:- 21-2-2018 - Office of the Commissioner of State Tax, (GST), Maharashtra State, 8th floor, GST Bhavan, Mazgaon, Mumbai-400010. TRADE CIRCULAR To, .............................. .............................. No. JC/HQ-I/GST/Refund/2017-18/01/ADM-08 Mumbai, Date 21st Feb. 2018 Trade Cir. No. 8 T of 2018 Subject : Sir/Gentlemen/Madam, 1. Background: 1.1. Your attention is invited towards the Trade Circular No. 49T of 2017, 52T of 2017 and 1T of 2018 cited at Re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e 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 ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e delay in grant of refund the Trade is advised to file the application for refund only after return in FORM-GSTR-1 is filed. 2.2. However, in case of registered taxable person having aggregate turn-over upto ₹ 1.5 Cr. in the immediately preceding financial year or, in the current financial year and who opts to file GSTR-1 quarterly (Notification No. 57/2017 (State Tax) dated the 15th November 2017 shall apply for refund on quarterly basis. In such cases where tax payer has opted to file G .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ructure. 2. PART-B Refund of tax on account of supply of goods regarded as Deemed Export. PART-A REFUND OF UNUTILISED INPUT TAX CREDIT ON ACCOUNT OF INVERTED TAX STRUCTURE: 1. Eligibility to claim refund under this category: 1.1. The refund application under this category shall be filed in the cases where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies). 1.2. The registered persons .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

T RFD-01A) for refund in such cases shall accompany the Statement-1 and 1A. The format is given in the latter part of this Trade Circular. 1.5. The refund of accumulated credit on account of rate of tax on inputs being higher than rate of tax on output supplies 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 25th September 20 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 appropriate details, of claim of refund, in in Statement-1 made available on the common .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the common portal. The applicant would be directed to next screen which would appear as given below: images 2.5. This screen displays the list of Refund Type(s). From the said list select the type of refund as Refund on account of ITC accumulated due to Inverted Tax Structure and then press the CREATE button displayed in front of the said row. 2.6. This will take the applicant to the next screen where the following will appear. Refund on account of ITC accumulated due to Inverted Tax Structure .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Cess 2.7. As it appears from the above table i.e. Statement-1, the details of turnover of supply inverted tax structure of goods is to be filled in column (1) above. The said turnover of inverted tax structure supply of goods may be taken from appropriate column of FORM-GSTR3B/GSTR-1. The appropriate 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 invert .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en 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 and input services during the relev .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

riate figures in the above table i.e. Statement-1, the amount of refund will get auto populated in the column (5) of the said TABLE. 2.14. Further, there is another TABLE below the Statement-1 (at GSTN portal>refund tab) where the amount of eligible refund will get auto calculated as also the amount of refund claim. The said TABLE appears on the GSTN portal as given below. The figures in this TABLE are auto populated. Value As per Statement-1 in Rs. Balance in Electronic Credit Ledger in Rs. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(4) above under each Act i.e. MGST, CGST, IGST and Cess. 2.16. Apart from duly entering the appropriate information the applicant is also required to select from drop-down the Bank Account Number given in the application for registration. 2.17. In case, an applicant desires to get 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 and form is submi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

edure for creation and submission of refund Application in FORM-RFD-01A. (2) Needless to say that the applicant shall first discharge the outstanding liability, if any, in respect of IGST, CGST, SGST and cess as also the recovery of the dues (under the MVAT, CST Act, Luxury Tax etc.) not stayed by the appellate forum and then only seek the refund on account of inverted rated supply of goods. (3) It may also be noted that the amount claimed as refund is subject to recovery of the dues, if any, by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ere, after checking the Box for declaration. The applicant is required to submit the said application with the EVC or, as the case may be, Digital Signature Certificate (DSC), whichever is applicable. (2) After successful submission, the amount of eligible refund as stated in the column (4) of the TABLE above will get debited from the Electronic Credit Ledger and ARN receipt will be generated. As the Eligible Refund Amount calculated at the GSTN portal gets debited from the Electronic Credit Led .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gwith 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ssioner of State tax (PUN-VAT-F-001), 201, 2nd Floor, Off. Golf Club, Air Port Road, Yerawada, Pune-411006. (iii) at the location other than Brihan Mumbai and Pune in the office of the Joint Commissioner of State tax where such office exists and in any other case in the office of the head of the location. 2.20. STATEMENTS TO BE ATTACHED AND UNDERTAKING TO GIVEN WITH REFUND APPLICATION FORM-GST-RFD-01A: (1) After preparation of application and Statement-1 for refund as above, the applicant shall .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be filled correctly and completely. Statement-1A [rule 89(2)(h)] Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section 54(3)] Sr.No. Details of invoices of inward supplies received Tax paid on inward supplies Details of invoices of outward supplies issued Tax paid on outward supplies (1) No. (2) Date (3) Taxable Value (4) Integrated Tax (5) Central Tax (6) State/Union Territory Tax (7) No. (8) Date (9) Taxable Value (10) Integrated Tax (11) Central T .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ons 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r of State tax or, as the case may be, head of the location shall be forwarded to the concerned Nodal officer on the same day or in any case not later than next working day. (2) After receipt of the application, the concerned Nodal officer shall verify the debit entry made in the Electronic Credit Ledger and verify that the refund claimed is commensurate to the amount so debited. Nodal Officer shall also verify the liability outstanding, if any, under of the MGST Act and shall first adjust it an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lication so submitted is found deficient in certain aspects then the concerned officer shall issue deficiency memo in FORM-RFD-03 within 15 days from the date of receipt of the application. (5) In other words, the concerned officer after due verification is required to issue either FORM-RFD-02 or FORM-RFD-03 not later than 15 days from the date of receipt of application. All the supervisory authorities are hereby directed to monitor that these timelines are strictly followed. 2.23. ISSUANCE OF D .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

try number generated originally. (2) It shall be kept in mind that as of now, there is no provision at the GSTN portal to again create and submit the application for refund and generate the ARN and submit the application at GSTN portal after removal of deficiencies. (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 refu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 Advance Authorisation. 3. Evidences required to be produced by the supplier of deemed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ay be, that the said deemed export supplies have been received by the said Advance Authorisation or Export Promotion Capital Goods Authorisation holder, or a copy of the tax invoice under which such supplies have been made by the supplier, duly signed by the recipient Export Oriented Unit that said deemed export supplies have been received by it. 2. An undertaking by the recipient of deemed export supplies that no input tax credit on such supplies has been availed of by him. 3. An undertaking by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the supplier or by the recipient of the Deemed Export supplies. 3.3. In case such refund is sought by the supplier of deemed export supplies, the documentary evidences as specified in Notification No. 49/2017-as stated above, are also required to be furnished which includes an undertaking by the recipient of deemed export supplies that he shall not claim the refund in respect of such supplies and that no input tax credit on such supplies has been availed of by him. 3.4. The undertaking should be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f 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 / B .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

template is given below: imges 4.3. After pressing the CREATE button the following screen will appear. The applicant is required to fill the details appropriately. The screen will appear as under: Imges 4.4. The requisite information is to be filled in the TABLE given below: Amount Eligible for Refund (in Rs.) TABLE-1 Refund amount to be claimed Balance in Electronic Credit ledger Tax Credit Availed during the period Eligible Amount (Lowest of all) (1) (2) (3) (4) Integrated Tax ITC Central Tax .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

information and submission of applications at GSTN portal the ARN receipt gets generated. 4.7. The amount refund claimed under each Act will be shown in TABLE-2 above. 5. STATEMENTS TO BE ATTACHED AND UNDERTAKING TO BE GIVEN WITH REFUND APPLICATION-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 inw .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(8) 6. The applicant seeking refund on account of Deemed Exports shall prepare application for refund as given in the Para-2 above. The procedure in relation to uploading of refund application, its submission, issuance of defect memo, re-submission of application after correcting defects to the Nodal Authority etc. shall be applicable as it applies to the seeking refund for inverted tax structure. For this please refer Para-2 above which pertains to the refund on account of inverted rated supply .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

clare that the goods exported are not subject to any export duty, I also declare that I have not availed any drawback on goods services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed. Signature Name- Designation/Status DECLARATION [Section 54(3) (ii)] I hereby declare that the refund of ITC claimed in the application does not include ITC availed on goods or services used for making 'nil' rated or fully exempt suppli .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd with respect to the said supplies. In case refund claimed by supplier □ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period 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/tempora .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 Designation/Status] SELF-DECLARATION [RULE 89(2(1)) I/ We_______(Applicant) having GSTIN/temporary Id_ _ _ _, solemnly affirm and certify that in respect of the refund amounting to Rs. _ _ _/with respect to the tax, interest, or any other amount for the period from_ _ _to_ _ _, claimed in the refund application, the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

has been concealed therefrom. I/ we declare that no refund on this account has been received by me/ us earlier. Place Date Signature of Authorised Signatory (Name) Designation/ Status 8. In order to process the refund smoothly and to avoid delay the applicant is requested to provide the soft copy of the Statement-IA (Inverted tax structure) or Statement 5B (Deemed Exports) whichever is applicable. This will enable the officer to quickly cross-check the details of the inward supply and outward s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.