TMI BlogRefund of accumulated ITC in case of export under LUTX X X X Extracts X X X X X X X X Extracts X X X X ..... Q1 Export was made in the month of July 2017 under advance authorisation scheme and also availed ITC in respect of goods purchased during the month of JULY 2017 whether I can claim refund of unclaimed ITC for the period of JULy 2017 in case I exported the goods under advance authorisation licence .The goods under advance authorisation were imported prior to GST regime and the same were used fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r export in the month of July 2017. Q2. Our is a company having two unit i A B in different state and engaged in the manufacturing same goods in both unit. The A unit purchased the goods from their unit B which is situated in another state on the IGST. A unit availed and utilized the ITC for the goods purchased from B. No payment of goods (including IGST) was made by A to B and more than 180 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days lapsed. Whether deptt can ask for reversal or cn deny for ITC if payment not made by A to B. - Reply By YAGAY and SUN - The Reply = Reply to Q1 : In our view since the inputs had not suffered duty therefore refund of accumulated ITC may not be available. Reply to Q2: Yes department may ask to reverse the ITC along with Interest and after you make payment then you can avail it again. - Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply By Ganeshan Kalyani - The Reply = Reply to query 2: In case of different factory of the same company there is no payment done for transaction done between them. In such case it is difficult to comply the payment provision. - Reply By BalKrishan Rakheja - The Reply = Please refer to Querry No.2. Now the department is going to issue SCN in case of refund of accumulated ITC which was accum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulated due to export under LUT , as we have not paid the payment to our other manufacturing unit as per povisions of ITC. Whether deptt's contention is correct?. - Reply By Ganeshan Kalyani - The Reply = As per provision in GST Act the department 's contention seems appropriate . - Reply By YAGAY and SUN - The Reply = Yes, Department has legitimate right to issue SCN and raise Demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with interest. - Reply By BalKrishan Rakheja - The Reply = Thanks everyone for their valuable opinion. - Refund of accumulated ITC in case of export under LUT - Query Started By: - BalKrishan Rakheja Dated:- 14-5-2018 Goods and Services Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... india - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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