TMI BlogRefund of IGST CGST for exportersX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Professionals, The exporter had made export from the manufacturing of goods from the stock left on 30.06.2017 and claimed drawback on higher rate during the month of July 2017 to September 2017. My query is Exporter who have not filed CENVAT returns because his manufacturing was exempt goods and he has not file Trans-1 in which CENVAT portion credit was in his CGST electronic credit l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edger. Then how the exporter shall get refund of the CGST and IGST in the compliance with sec 16(3) of CGST Act, 2017 for the goods manufactured from the stock of 30.06.2017 and my goods are on consumption basis. With Warm Regards J S Uppal Advocate - Reply By Rajagopalan Ranganathan - The Reply = Sir, According to Section 18 (d) of CGST Act, 2017 where an exempt supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such suppl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y becomes taxable. Therefore I presume that the goods manufactured by you had become taxable with effect from 01.07.2017. Therefore you shaould have claimed the credit in respect of input stocks held as on 30.6.2017 by filing Tans-1 . Now the last date for filing Trans-1 has expired and hence you cannot claim the credit taxes paid on stocks held as on 30.6.2017. Moreover, according to Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 18 (2) of CGST Act, 2017 a registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply. Therefore the invoices issued by the manufactures of the inputs held in stock by you as on 30.6.2017 would have been is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued prior to 30.6.2017. As on date according to Section 18 (2) you will not be eligible to take the credit since all the invoices would have been issued beyond one year from now. Even if you move your jurisdictional High Court and claim any relief and if the relief prayed for is granted under Art. 226 the above provision will come in your way to claim the credit. In short at this point of ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me you cannot claim the credit of stocks held as on 30.6.2017. This is my opinion. - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = Shri Rajagopalan gave a splendid reply to this query. - Reply By Ramaswamy S - The Reply = Agree with Mr Rajagopalan. Regards S.Ramaswamy - Reply By subramanian vijayakumar - The Reply = I agree with the views of the expert Rajagobalan sir - Refund of IGST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CGST for exporters - Query Started By: - Jasbir Uppal Dated:- 30-8-2018 Goods and Services Tax - GST - Got 4 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - 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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